- 1 - HC-KAR NC: 2026:KHC:14417 WP No. 28644 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 28644 OF 2025 (GM-CPC) BETWEEN: SMT.KRISHNAVENI W/O. M.VENKATESH AGED ABOUT 74 YEARS R/AT. NO. 28 (OLD NO.16/1) 1ST MAIN ROAD, 10TH CROSS KANIYARA COLONY, CHAMRAJPET BENGALURU-560018. &PETITIONER (BY SRI. CHANDRASHEKAR H B., ADVOCATE) AND: 1. SRI.MADHU N S/O PARVATHAMMA AGED ABOUT 60 YEARS R/AT NO.19, 9TH MAIN 16TH CROSS, RAMASWAMY LAYOUT BENGALURU-560029. 2. SRI. N. LOKESH, S/O PARVATHAMMA AGED ABOUT 58 YEARS NO.1/4, 16TH CROSS, LAKSANDRA BENGALURU-560030. 3. SMT. N. RENUKA W/O NARASHIMAMURTHY D/O PARVATHAMMA AGED ABOUT 56 YEARS R/AT NO.49/1, 7TH MAIN, 11TH CROSS SUHARAJ LAYOUT, LAKSANDRA BENGALURU-560030. Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:14417 WP No. 28644 of 2025 4. SMT. HEMAVATHY D/O PARVATHAMMA AGED ABOUT 54 YEARS, R/AT NO.97/2, RADHAKRISHNA BUILDING BEHIND GOVERNMENT HIGH SCHOOL JALAHALLI, BENGALURU-560013. 5. SRI. N. KANTHARAU S/O PARVATHAMMA AGED ABOUT 52 YEARS NO.252, VISHNU ROAD KADIRENAHALLI, BSK II STAGE BENGALURU-560 070. 6. SRI. N. MOHANKUMAR S/O PARVATHAMMA AGED ABOUT 50 YEARS LAKKASANDRA BENGALURU-560 030. 7. SMT. ASHA W/O V.SRINIVAS D/O PARVATHAMMA AGED ABOUT 48 YEARS R/AT ANEKAL TALUK DODDA INDALAVADI, BENGALURU. 8. SMT VENKATALAKSHMAMMA W/O LAKSHMINARASHIMAIAH AGED ABOUT 46 YEARS R/AT NO.108, 6TH CROSS 3RD BLOCK, THYAGARAJANAGAR BENGALURU-560 028. 9. SMT.R. RUKMINIYAMMA W/O LATE M.C.ANANTHAIAH AGED ABOUT 39 YEARS R/AT NO.6, UPSTAIRS, 1ST MAIN SUDHAMANAGAR, BENGALURU-560 027. - 3 - HC-KAR NC: 2026:KHC:14417 WP No. 28644 of 2025 10. SMT T SUSHILA W/O R NAGARAJA AGED ABOUT 37 YEARS R/AT NO. BTS QUARTERS, K H ROAD BENGALURU-560027. 11. SMT BHAGYA R W/O D V CHANDRASHEKAR AGED ABOUT 46 YEARS R/AT NO. 42 MARUTHI NILAYA APPAYANNA LANE DODDAMAVALLI, BENGALURU-560004. 12. ASHWATHANARAYANAN S/O LATE P RAMAKRIHNAPPA MAJOR . 13. SMT VENKATALAKSHMAMMA W/O LATE RAMAKRISHNAPPA MAJOR 14. SASHIKUMAR S/O LATE RAMAKRISHNAPPA MAJOR 15. ADINARAYANA S/O LATE P RAMAKRISHNAPPA MAJOR R12 TO R15 ARE R/AT NO.104 8TH CROSS CUBBONPET BENGALURU-560002. 16. SMT. VIJAYALAKSHMI D/O LATE RAMAKRISHNAPPA W/O THAYAPPA, NO.34, 2ND MAIN ROAD PALACE GUTTAHALLI, BENGALURU-560 003. 17. SMT. R. VINODA, D/O LATE RAMAKRISHNAPPA W/O LOKESH MAJOR - 4 - HC-KAR NC: 2026:KHC:14417 WP No. 28644 of 2025 NO. 113/1, DIAGONAL ROAD V.V PURAM, BENGALURU-560 004. 18. SMT. DEVIKA D/O LATE RAMAKRISHNAPPA W/O GOPAL MAJOR R/ AT NO. 5/10, 16TH CROSS 7TH MAIN, RAMASWAMY LAYOUT LAKKASANDRA, BENGALURU-560 029. 19. SMT. SAVITHRI, D/O LATE RAMAKRISHNAPPA VENKATESHNILAYA NO.470 12TH CROSS, 25TH MAIN J P NAGAR 1ST PHASE BENGALURU 560029. 20. SMT. CHANDRAKANTA D/O LATE RAMAKRISHNAPPA W/O SHAMU AGED ABOUT 46 YEARS NO.813, 1ST BLOCK, HENNUR-BANASWADI BENGALURU. 21. SMT. PUSHPA D/O LATE RAMAKRISHNAPPA MAJOR R/AT. ULSOOR BENGALURU-560 008. 22. SRI. R RANGASWAMY S/O LATE P. RAMASWAMY AGED ABOUT 54 YEARS WORKING IN THE ACCOUNTS DEPT HINDUSTAN MACHINE TOOLS, JALAHALLI BENGALURU-560 031. 23. SRI. R VENKATARAMANASWAMY S/O LATE P.RAMASWAMY AGED ABOUT 51 YEARS R/AT NO.1 UPSTAIRS, 4TH CROSS LALBAGH ROAD, BENGALURU-560 004. - 5 - HC-KAR NC: 2026:KHC:14417 WP No. 28644 of 2025 24. LAKSHMIPATHI S/O LATE P.RAMASWAMY AGED ABOUT 29 YEARS R/AT NO.69, NEAR MURTHY COMPOUND R/AT NO.67, 4TH CROSS, SOUTH END CROSS, BENGALURU- 560 004. 25. SMT.S. PRAMILA D/O LATE SATHYA VIJAYADEVA AGED ABOUT 64 YEARS R/AT NO. 69/1 THIMMAIAH BUILDING, 2ND CROSS ROAD VIDYANAGARA, T.DASARAHALLI BENGALURU-560 057. 26. SMT. CHANDRAKANTH D/O LATE SATHYA VIJAYADEVA AGED ABOUT 61 YEARS R/AT NO. 100/1, 9TH CROSS 1ST MAIN ROAD, R.T NAGAR POST GANGANAGAR, BENGALURU 3 560032. 27. SRI. RAKESH S/O MUNIYAPPA MAJOR R/AT NO.814, 26TH CROSS KILARI ROAD, CHICKPET BENGALURU-560 053. 28. SMT. S. LEELAVATHI D/O LATE SATHYA VIJAYADEVA AGED ABOUT 55 YEARS R/AT NEAR RAILWAY STATION BEHIND BAPUJI SCHOOL DODDABALLAPURA TOWN BENGALURU RURAL DISTRICT-561203. 29. SMT. S. GAYITHRIDEVI D/O LATE SATHYA VIJAYADEVA AGED ABOUT 53 YEARS R/AT SURESH BUILDING CHIKKAJALA POST, BENGALURU-560 149. - 6 - HC-KAR NC: 2026:KHC:14417 WP No. 28644 of 2025 30. SRI. S. KRISHNA KUMAR S/O LATE SATHYA VIJAYADEVA AGED ABOUT 58 YEARS R/AT NO. 1678, 'D' CROSS WARD NO.5, DODDABALLAPURA BENGALURU RURAL DISTRICT-561203. 31. SRI. S. YADAVA KUMAR S/O LATE SATHYA VIJAYADEVA AGED ABOUT 51 YEARS R/AT SHYMANNA BUILDING HESARAGATTA MAIN ROAD CHANDRA MOHAN LAYOUT, CHIKKABANAVARA, BENGALURU-560090. 32. SRI. P. CHOWDAIAH S/O. LATE P CHOWDAIAH AGED ABOUT 65 YEARS R/AT AT NO. 680, VINAYAKA NAGAR, GANDHI ROAD, PRUDDATHUR A.P.-516360. 33. K.GANGADHAR S/O. KRISHNAPPA AGED ABOUT 51 YEARS 34. SMT. G. SHANTHA W/O. K. GANGADHAR AGED ABOUT 39 YEAR R33 AND R34 ARE R/AT. NO. 28/2, 13TH CROSS CUBBONPET, BENGALURU-560002. &RESPONDENTS (BY SRI. H MUJTABA, ADVOCATE FOR SRI BHARATH KUMAR V, ADVOCATE R33 AND R34 SERVICE OF NOTICE TO R1 TO R32 ARE DISPENSED WITH V/O DATED: 08.12.2025) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED: 10.07.2025 PASSED IN FDP NO. 36/1996 PENDING ON THE FILE OF XX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, - 7 - HC-KAR NC: 2026:KHC:14417 WP No. 28644 of 2025 BENGALURU (CCH-32) PRODUCED AT ANNEXURE-L AND CONSEQUENTLY DIRECT THE TRIAL COURT TO ACCEPT THE COMMISSIONERS REPORT DATED: 27.08.2024 PRODUCED AT ANNEXURE-J AND FURTHER DIRECT THE TRIAL COURT TO ADOPT THE PROCESS UNDER SECTIONS 3 AND 4 OF THE PARTITION ACT, 1893 AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER This writ petition is filed under Article 227 of the Constitution of India, calling in question the order dated 10.07.2025 passed by the XX Additional City Civil and Sessions Judge, Bengaluru in F.D.P. No.36/1996, whereby the report submitted by the Commissioner has been rejected in its entirety. 2. The petitioner had filed a suit in O.S. No.3034/1982 seeking partition and separate possession. The suit was decreed declaring that the parties are entitled to 1/10th share in the suit schedule property, along with 1/11th share being allotted to plaintiff Nos. 1 to 6 and defendant No.6 each in the share of their deceased mother - 8 - HC-KAR NC: 2026:KHC:14417 WP No. 28644 of 2025 in 8C9 Schedule property. Consequently, final decree proceedings were initiated in F.D.P. No.36/1996. 3. A Commissioner was appointed to demarcate the property. The Commissioner submitted a report stating that Item No.1 of the 8C9 schedule property cannot be demarcated and, in respect of the same, he has only submitted a sketch without demarcating the shares of the parties. The Final Decree Court has also recorded a finding with regard to the same in paragraph 7 of the impugned order. Instead of rejecting the Commissioner9s report only in respect of Item No.1 of the 8C9 schedule property, since the report does not disclose the demarcation in respect of the said item, the Court rejected the entire report of the Commissioner dated 25.10.2024. The same is contrary to the materials available on record. 4. Accordingly, the following order is passed: (i) The writ petition is allowed. - 9 - HC-KAR NC: 2026:KHC:14417 WP No. 28644 of 2025 (ii) The order dated 10.07.2025 passed by the Final Decree Court, i.e., the XX Additional City Civil and Sessions Judge, Bengaluru, in F.D.P.No.36/1996, rejecting the Commissioner9s report dated 25.10.2024, is set aside to the extent that it rejects the report in its entirety. The rejection shall apply only in respect of Item No.1 of the 8C9 schedule property. In respect of the other suit schedule properties, the Commissioner9s report is directed to be accepted. (iii) The Final Decree Court is directed to reconsider the matter in respect of Item No.1 of the 8C9 schedule property, in accordance with law, after hearing both parties, as expeditiously as possible and not later than three months from the date of receipt of a certified copy of this order. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 129