- 1 - HC-KAR NC: 2026:KHC:4054 WP No. 9018 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.9018 OF 2024 (GM-CPC) BETWEEN: 1. SMT. N. NAVEENA D/O. SRI G.S. NANJAPPA AGED ABOUT 48 YEARS, DOOR NO.518/48 2ND "B" CROSS SHIVAKUMARSWAMY BADAVANE 2ND STAGE, HADADI ROAD, DAVANGERE-577 003. …PETITIONER (BY SRI VIGHNESHWAR S. SHASTRI, SENIOR COUNSEL FOR SRI SANTHOSH R. NELKUDRI, ADVOCATE) AND: 1. SRI B.T. SIDDAPPA S/O SRI G.V. THIMMAIAH SECRETARY, SRI KRISHNA LAKSHMI NARAYANA VIDYA SAMSTHE ® DOOR NO.775/8 AND 775/12 TUNGABHADRA COLLEGE HADADI ROAD, DAVANGERE-577 003. …RESPONDENT Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4054 WP No. 9018 of 2024 (BY SMT. LAXMI NAIK, ADVOCATE FOR SRI P. MANJUNATHA, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 16.03.2024 PASSED ON I.A.NO.14 IN O.S.NO.249/2017 ON THE FILE OF I ADDITIONAL CIVIL JUDGE AND JMFC., AT DAVANAGERE AS PER ANNEXURE "F", ETC. 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 1. This petition by the plaintiff in O.S.No.249/2017 is directed against the impugned order passed by I Additional Civil Judge and JMFC, Davanagere on I.A.No.14 dated 16.03.2024 whereby the said application filed by the respondent/defendant under Order 26 Rule 9 of CPC seeking appointment of a Court Commissioner to conduct inspection of the suit schedule property was allowed by the trial court. 2. Heard learned counsel for the petitioner, learned counsel for the respondent and perused the material on record. - 3 - HC-KAR NC: 2026:KHC:4054 WP No. 9018 of 2024 3. A perusal of the material on record will indicate that in the aforesaid suit filed by the petitioner/plaintiff against the respondent/defendant, while the respondent contended that he was not in possession of the suit schedule premises and had vacated the same on 01.06.2017, the petitioner contended that the respondent had put the premises under lock and key and had not vacated the suit schedule premises on 01.06.2017 as contended by him. It was also contended by the petitioner that the respondent is in due of huge arrears of rent payable by the respondent/defendant to the petitioner/plaintiff. In this context, it is relevant to state that having regard to the specific stance of the respondent/defendant that he has vacated and handed over vacant possession of the suit schedule premises to the petitioner/plaintiff coupled with the specific contention of the petitioner that the respondent had kept the premises under lock and key and had not paid the arrears of rent, the said issue would necessarily have to be decided by the trial court after recording evidence of both sides and not by way of appointment of a Court Commissioner to conduct local inspection. Under these circumstances, I am of the considered opinion that the trial court fell in error in passing the - 4 - HC-KAR NC: 2026:KHC:4054 WP No. 9018 of 2024 impugned order allowing the application which has resulted in miscarriage of justice warranting interference by this Court in the present petition. 4. In the result, I pass the following: ORDER (i) The petition is allowed; (ii) The impugned order dated 16.03.2024 passed by I Additional Civil Judge and JMFC, Davanagere, on I.A.No.14 in O.S.No.249/2017 is set aside; (iii) I.A.No.14 filed by the respondent/defendant stands dismissed; (iv) The trial court is directed to conclude the evidence and dispose of the aforesaid suit as expeditiously as possible and in any event, within six months from the date of receipt of a copy of this order; (v) All rival contentions of the parties including the contention of the respondent that he has vacated and handed over vacant possession of the suit schedule premises to the petitioner on 01.06.2017, which is disputed by the petitioner and the issue regarding - 5 - HC-KAR NC: 2026:KHC:4054 WP No. 9018 of 2024 arrears of rent are kept open to be decided by the trial court in accordance with law. Sd/- (S.R.KRISHNA KUMAR) JUDGE hkh. List No.: 1 Sl No.: 5