- 1 - HC-KAR NC: 2026:KHC:21854 WP No. 9845 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 9845 OF 2026 (GM-CPC) BETWEEN: SRI RANGANATHAN AGED ABOUT 52 YEARS, S/O M. VENKATACHALAM, R/AT NO.6, 2ND CROSS, ADARSHA NAGAR, PIONEER DEFENCE COLONY, PCTC COLONY, R.T. NAGAR, BENGALURU - 560 032 &PETITIONER (BY SRI. S. VIVEKANANDA, ADVOCATE) AND: SRI. OSWALD SANJEEVAN S. AGED ABOUT 85 YEARS, S/O. WILLIAM T., R/AT NO.7, THAYAMBETH NIVAS, 2ND CROSS, ADARSHA NAGAR, PIONEER DEFENCE COLONY, PCTC COLONY, R.T. NAGAR, BENGALURU - 560 032 &RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ALLOW I.A.NO.3 IN O.S.NO.7936/2025 PENDING BEFORE THE Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:21854 WP No. 9845 of 2026 FILE OF THE LEARNED XXVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-6), BENGALURU, FILED BY THE DEFENDANT PETITIONER UNDER ORDER XXVI RULE 9 FOR APPOINTMENT OF AN ADVOCATE COURT COMMISSIONER FOR THE PURPOSE OF OBSERVING AND REPORTING THE PHYSICAL BOUNDARIES AND NATURE OF REPAIR WORK VIDE ANNEXURE-J AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER In this writ petition, petitioner is seeking for a direction to the trial court to dispose of I.A.No.3 filed by the petitioner/defendant under Order XXVI Rule 9 of Code of Civil Procedure (for short, 8CPC9) for appointment of Commissioner in O.S.No.7936/2025. 2. For the sake of convenience, the parties are referred to as per their ranking before the trial court in Original Suit. - 3 - HC-KAR NC: 2026:KHC:21854 WP No. 9845 of 2026 3. The plaintiff/respondent filed a suit for declaration, possession and injunction. Along with the plaint, plaintiff also filed an application I.A.No.1 under Order XXXIX Rules 1 and 2 r/w Section 151 of CPC. The trial Court has passed an exparte injunction order. On service of summons, the petitioner/defendant has filed an application I.A.No.2 under Order XXXIX Rule 4 for vacating the exparte injunction order and also filed I.A.No.3 under Order XXVI Rule 9 of CPC seeking for appointment of Court Commissioner. 4. Learned counsel appearing for the petitioner has submitted that, the trial court has heard the parties on I.A.Nos.2 and 3 and reserved for orders. So far, no order has been passed. Hence, he is before this Court seeking for early disposal of the application. 5. Since the trial court has already heard the parties on I.A.Nos.2 and 3, the trial court is directed to - 4 - HC-KAR NC: 2026:KHC:21854 WP No. 9845 of 2026 dispose of the applications as expeditiously as possible not later than 16.06.2026. 6. Accordingly, the following order is passed: ORDER a) The writ petition is disposed of. b) The Trial Court is directed to dispose of the applications I.A.Nos.2 and 3 on or before 16.06.2026. c) Parties are directed to co-operate for early disposal of the applications. Sd/- (H.T. NARENDRA PRASAD) JUDGE PSJ List No.: 1 Sl No.: 14