- 1 - HC-KAR NC: 2026:KHC:2250 WP No. 703 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 703 OF 2026 (GM-CPC) BETWEEN: SMT. MYMUNNISA, D/O. LATE MASTHAN SAB, AGED ABOUT 60 YEARS, RESIDING AT RAJANKUNTE VILLAGE, HESARGHATTA HOBLI, YELAHANKA TALUK – 560 064, BENGALURU RURAL DISTRICT …PETITIONER (BY SRI. SANJAY G., ADVOCATE) AND: 1. SMT RAHAMATHUNNISA SINCE DEAD BY HER LEGAL HEIRS SAB JAN SAB, S/O. HAIYAD SAB, AGED ABOUT 75 YEARS, 2. MOULA JAN, S/O. SAB JAN SAB AND RAHAMATHUNNISA, AGED ABOUT 41 YEARS, 3. JAMEELA, D/O. SAB JAN SAB AND RAHAMATHUNNISA, AGED ABOUT 35 YEARS, 4. SHAKEELA, D/O. SAB JAN SAB AND RAHAMATHUNNISA, AGED ABOUT 35 YEARS, Digitally signed by MADHURI S Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:2250 WP No. 703 of 2026 ALL ARE RESIDING AT PALANAJOGAHALLI VILLAGE, KASABA HOBLI, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT – 561 203. 5. SRI. MOHIDDIN PASHA, S/O. LATE MASTHAN SAB, AGED ABOUT 60 YEARS, 6. SRI. MAQBOOL, S/O. LATE MASTHAN SAB, AGED ABOUT 53 YEARS, ALL ARE RESIDING AT RAJANKUNTE VILLAGE, HESARGHATTA HOBLI, YELAHANKA TALUK – 560 064, BENGALURU RURAL DISTRICT. 7. SMT. MAJAN BEE, D/O. LATE MASTHAN SAB, AGED ABOUT 63 YEARS, RESIDING AT ROJIPURA VILLAGE, NEAR SOBAGU TALKIES, KASABA HOBLI, DODDABALLAPUR TALUK – 561 203. 8. SMT. SUFIYA BEE, D/O. LATE MASTHAN SAB, AGED ABOUT 70 YEARS, RESIDING AT RAJANKUNTE VILLAGE, HESARGHATTA HOBLI, YELAHANKA TALUK – 560 064, BENGALURU RURAL DISTRICT. …RESPONDENTS THIS W.P. IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE REPORT FILED BY THE ASST. DIRECTOR/ TALUK SURVEYOR OF LAND RECORDS, YELAHANKA TALUK, YELAHANKA DATED 21.01.2023 RECEIVED ON 16.02.2023 BY THE PRL. SENIOR CIVIL JUDGE COURT, BENGALURU RURAL DISTRICT, BENGALURU, IN FDP NO. 17/2017 - 3 - HC-KAR NC: 2026:KHC:2250 WP No. 703 of 2026 AND ORDER FOR A FRESH COMMISSIONER REPORT DIRECTING THE ASST. DIRECTOR/ TALUK SURVEYOR OF LAND RECORDS, YELAHANKA TALUK, YELAHANKA TO PREPARE A FRESH SKETCH INCLUDING THE SHARES OF ANWAR PASHA (VIDE ANNX-A). THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks the following reliefs: a) Set aside the Report filed by the Assistant Director/Taluk Surveyor of Land Records, Yelahanka Taluk, Yelahanka dated 21.01.2023 received on 16.02.2023 by the Principal Senior Civil Judge Court, Bengaluru Rural District, Bengaluru, in FDP No.17/2017 and Order for a fresh Commissioner Report directing the Asst. Director/Taluk Surveyor of Land Records, Yelahanka Taluk, Yelahanka to prepare a fresh Sketch including the shares of Anwar Pasha (Vide : Annexure-A). b) Grant such other reliefs as this Hon’ble Court deems it fit to grant in the facts of the case. 2. After arguing the matter for sometime, learned counsel for the petitioner submits that the petition may be disposed of as withdrawn, reserving liberty in favour of the petitioner to file objections to the commissioner's report as well as file appropriate - 4 - HC-KAR NC: 2026:KHC:2250 WP No. 703 of 2026 interlocutory applications, which may be considered by the trial Court in accordance with law. 3. The aforesaid submission is placed on record. 4. Accordingly, the petition is disposed of as withdrawn reserving liberty in favour of the petitioner to file objections to the commissioner's report submitted to the trial Court. The petitioner is also reserved liberty to file appropriate interlocutor applications. 5. In the event, the petitioner files objections to the commissioner's report and appropriate interlocutory applications, the trial Court shall consider the same and provide an opportunity to the respondents and proceed further in accordance with law. 6. Subject to the aforesaid directions and liberty reserved in favour of the petitioner, petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 1 Sl No.: 32