- 1 - HC-KAR NC: 2026:KHC:6009 WP No. 26702 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 26702 OF 2023 (GM-CPC) BETWEEN: SMT. DR. PAVANI SURESH KUMAR W/O DR. SURESH KUMAR AGED ABOUT 44 YEARS R/AT NO 43. KARNATAKA LAYOUT 2ND STAGE, BASAVESHWARANAGAR BANGALORE - 560 079 REP. BY P.A. HOLDER SRI. DR. SURESH KUMAR. …PETITIONER (BY SRI. RAVISHANKAR S, ADVOCATE) AND: SRI. SANJEEV NADIGER S/O SRINIVASA NADIGER AGED ABOUT 46 YEARS R/AT NO. 93, 'SUBHANAN', 3RD CROSS, SRI. VENKATESHWARA LAYOUT, BASAVESHWARANAGAR BANGALORE - 560 079. …RESPONDENT (BY SRI. BASAVANNA K.M, ADVOCATE) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 08/11/2023 PASSED BY THE XII ADDL. CITY CIVIL AND Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:6009 WP No. 26702 of 2023 SESSIONS JUDGE, BENGALURU (CCH-27) IN O.S. NO. 1663 OF 2018 VIDE ANNEXURE-E REJECTING THE I.A. NO. 8 FILED BY THE PETITIONER UNDER ORDER XXVI RULE 9 OF CODE OF CIVIL PROCEDURE AND ALLOW THE APPLICATIONS I.A. NO. 8 BY ALLOWING THIS PETITION AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by the plaintiff in O.S.No.1663/2018 on the file of the XII Additional City Civil and Sessions Judge, Bangalore, is directed against the impugned order dated 08.11.2023 whereby the application No.8 filed by the petitioner - plaintiff under Order XXVI Rule 9 CPC for appointment of a Court Commissioner to conduct local inspection was rejected by the trial Court. 2. Heard. 3. Learned counsel for the petitioner and learned counsel for the respondent jointly submit that while the petitioner - plaintiff claims right over plaint A schedule property and plaint C schedule - 3 - HC-KAR NC: 2026:KHC:6009 WP No. 26702 of 2023 property, the respondent - defendant claims right over plaint B schedule property and plaint D schedule property. It is jointly submitted that without prejudice to the rights and contentions of the parties, the impugned order passed by the trial Court rejecting IA No. 8 may be set aside and the application seeking appointment of a Court Commissioner may be allowed subject to the condition that the Court Commissioner conducts local inspection and submits report in respect of all plaint A, B, C and D schedule properties and by reserving liberty in favour of the parties to file objections to the report of the Court Commissioner and also to examine/cross - examine the Court Commissioner if the occasion so arises. 4. The joint submission is placed on record. 5. Petition stands disposed of by issuing certain directions. In the result, the following - ORDER (i) Petition stands disposed of in view of the joint submission made by both sides. (ii) The impugned order dated 08.11.2023 is hereby set aside. - 4 - HC-KAR NC: 2026:KHC:6009 WP No. 26702 of 2023 (iii) IA No. 8 stands allowed subject to the condition that the Court Commissioner shall conduct local inspection and submit report in relation to plaint A, B, C and D schedule properties. (iv) Liberty is reserved in favour of the parties to submit their respective memos of instructions before the Court Commissioner. (v) Liberty is also reserved in favour of the parties to file objections to the report of the Court Commissioner and also examine/cross - examine him if the occasion so arises. (vi) All rival contentions between the parties as regards the report of the Court Commissioner and evidence submitted by him are kept open and no opinion is expressed on the merits/demerits of the rival contentions. (vii) The trial Court is directed to dispose of the suit as expeditiously as possible and preferably within - 5 - HC-KAR NC: 2026:KHC:6009 WP No. 26702 of 2023 a period of six months from the date of receipt of a copy of this order. Sd/- (S.R.KRISHNA KUMAR) JUDGE YKL List No.: 1 Sl No.: 34