- 1 - HC-KAR NC: 2026:KHC:1506 WP No. 10674 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 10674 OF 2025 (GM-CPC) BETWEEN: SMT.R.SUJATHA W/O M.RAJU, AGED ABOUT 38 YEARS, R/AT CHIKKALLI VILLAGE, VARUNA HOBLI, MYSURU TALUK, MYSURU DISTRICT - 570 012, REP BY HER POA HOLDER SRI M RAJU. …PETITIONER (BY SRI.K.L.SREENIVAS., ADVOCATE) AND: SRI SIDDA SHETTY @ SIDDAPPA S/O LATE CHANNA SHETTY, AGED ABOUT 73 YEARS, R/AT CHIKKALLI VILLAGE, VARUNA HOBLI, MYSURU TALUK, MYSURU DISTRICT - 570 012. …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE HONBLE XII ADDL. CIVIL JUDGE AND JMFC, MYSURU ON 18.02.2025 ON IA NO.7 IN O.S.NO.1637/2017 VIDE ANNX-F AND ETC. THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:1506 WP No. 10674 of 2025 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition filed by the defendant in O.S.No.1637/2017 on the file of the XII Additional Civil Judge and JMFC, Mysuru, is directed against the impugned order dated 18.02.2025 passed on I.A.No.7, whereby the said application filed by the respondent/ plaintiff under Order XXVI Rule 9 of CPC for appointment of a Court Commissioner to conduct local inspection was allowed by the Trial Court. 2. Heard learned counsel for the petitioner and perused the material on record. 3. A perusal of the material on record would indicate that the respondent/ plaintiff instituted the aforesaid suit against the petitioner/ defendant for permanent injunction and other reliefs in relation to the suit schedule immovable property. The said suit having been contested by the petitioner/ defendant, the both parties went to trial and after completion of evidence of both sides and at the stage of final arguments, the respondent/ plaintiff filed the instant application No.7 under Order XXVI Rule 9 of CPC for - 3 - HC-KAR NC: 2026:KHC:1506 WP No. 10674 of 2025 appointment of the Executive Officer of Taluk Panchayath as the Court Commissioner to conduct local inspection of the suit schedule property. The said application having been opposed by the petitioner/ defendant, the Trial Court proceeded to pass the impugned order allowing the application in the light of the principles laid down by this Court in the case of Shadaksharappa V/s. Kumari Vijayalaxmi1 and the material on record which clearly indicated that appointment of a Court Commissioner was necessary to elucidate the issues in controversy between the parties. 4. Upon re-consideration, re-appreciation, re-evaluation of the entire material on record, I am of the considered opinion that the impugned order passed by the Trial Court allowing I.A.No.7 cannot be said to suffer from any illegality or infirmity nor can the same be said to have occasioned failure of justice warranting interference by this Court in the present petition, as held by the Apex Court in the cases of Radhey Shyam & another v/s. Chhabi 1 W.P.No.201274/2023 disposed of on 24.01.2023 - 4 - HC-KAR NC: 2026:KHC:1506 WP No. 10674 of 2025 Nath & others2, K.P.Nataranjan v/s. Muthalammal3 and Mohamed Ali v/s. V.Jaya & others4. ORDER i. The petition is hereby disposed of without interfering with the impugned order. ii. Liberty is reserved in favour of both parties to submit memos of instructions before the Court Commissioner prior to conducting of local inspection. iii. Liberty is also reserved in favour of the parties to file objections to the Commissioner's report before the Trial Court. iv. Liberty is further reserved in favour of both parties to examine/ cross examine the Court Commissioner after submission of report. v. All rival contentions between the parties on all aspects of the matter including the Court 2 (2015) 5 SCC 423 (also cited as 2015 5 SCC 426) 3 AIR 2021 SC 3443 4 (2022) 10 SCC 477 - 5 - HC-KAR NC: 2026:KHC:1506 WP No. 10674 of 2025 Commissioner's report are kept open and no opinion is expressed on the same. Sd/- (S.R.KRISHNA KUMAR) JUDGE MRP List No.: 1 Sl No.: 10