- 1 - HC-KAR NC: 2026:KHC:5413 WP No. 30494 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 30494 OF 2025 (GM-CPC) BETWEEN: SHIVAPPA S/O BASAVANYAPPA HINDU, AGED ABOUT 50 YEARS. RESIDENT OF JADE VILLAGE, SORABA TALLUK- SHIVAMOGGA DISTRICT 577425 …PETITIONER (BY SRI. M.R.HIREMATHAD, ADVOCATE) AND: 1. YELLAMMA D/O BASAVANNA HINDU, AGED ABOUT 29 YEARS 2. SUNANDAMMA W/O KOTRAPPA HINDU, AGED ABOUT 45 YEARS R1 & R2 ARE RESIDENTS OF KAATHUVALLI, AANAVATTI HOBALI, SORABA TALLUK. SHIVAMOGGA DISTRCIT -577 429 3. RENUKAMMA W/O KEREYAPPA. HINDU, A GED ABOUT 43 YEARS. HAAYA RESIDENTS, KUPPAGADDE HOBALI, SORABA TALUK 577 429 4. SUSHEELAMMA W/O LAKSHMANAPPA HINDU, AGED ABOUT 40 YEARS JADE RESIDENT, SORABA TALUK 577423 Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:5413 WP No. 30494 of 2025 MANJAPPA S/O BASAVANYAPPA HINDU, AGED ABOUT 48 YEARS DEAD REP THROUGH LRS 5. KAMALAMMA W/O MANJAPPA AGED ABOUT 60 YEARS, HOUSE WIFE 6. GANGAMMA D/O MANJAPPA AGED ABOUT 45 YEARS 7. SHIVALEELA D/O MANJAPPA. AGED ABOUT 40 YEARS, HOUSE WIFE 8. RAJENDRA S/O MANJAPPA AGED ABOUT 37 YEARS, AGRICULTURALIST 9. SHILPA D/O MANJAPPA AGED ABOUT 32 YEARS, HOUSE WIFE 10. CHETHANAA D/O MANJAPPA AGED ABOUT 30 YEARS, HOUSE WIFE R5 TO R10 ARE RESIDENT OF KAATHAVALLI VILLAGE, ANAVATTI HOBALI SORABA TALUK-577429 11. CHANDRAPPA S/O BASAVANYAPPA, HINDU, AGED ABOUT 38 YEARS - 3 - HC-KAR NC: 2026:KHC:5413 WP No. 30494 of 2025 12. GUTHYAMMA D/O GUDDAPPALRS. NAAGARAJU S/O GUDDAPPA HINDU, AGED ABOUT 52 YEARS 13. TUKAPPA S/O GUDDAPPA HINDU, AGED ABOUT 52 YEARS 14. RAVI S/O GUDAPPA HINDU, AGED ABOUT 45 YEARS 15. SOMAMMA D/O CHIKAPPA HINDU, AGED ABOUT 55 YEARS R11 TO R15 ARE RESIDENT AT KAATHAVALLI, ANAVATTI HOBALI, SORABA TALUK, SHIVAMOGGA DISTRICT -577429 16. NEELAMMA D/O BASAVARAPPA HINDU, AGED ABOUT 40 YEARS, RESIDENT OF LAKMAPURA. HAANAGAL TALUK, HAVERI DISTRICT 581110 17. GANGAMMA D/O NAAGENDRAPPA, HINDU, AGED ABOUT 38 YEARS, HEAD MASTER, RESIDENT AT NEGAVADI, THUTHURU POST, SORABA TALUK. 577429 18. GUDDAPPA RESIDENT AT THUNTHRI KOPPA HOUSE HINDU, AGED ABOUT 80 YEARS, RESIDENT AT KAATHAVALLI, ANAVATTI HOBALI, SORABA TALUK, SHIVAMOGGA DISTRICT 577499 …RESPONDENTS (BY SRI. VASANTHA KUMAR K.M.,ADVOCATE) - 4 - HC-KAR NC: 2026:KHC:5413 WP No. 30494 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE ORDER OF THE LEARNED SENIOR CIVIL AND JMFC SORABA DATED 08.09.2025 IN FDP NO. 3/2017 PRODUCED ENTIRE ORDER SHEET DOWNLOAD THROUGH E-COURT PRODUCED AT ANNEXURE-G AND KINDLY PLEADED TO BE DIRECT THE TRIAL COURT TO PASS AN ORDER ON COMMISSIONER REPORT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER Learned counsel for the petitioner and learned counsel for the respondents jointly submits that since the trial court has so far not passed any orders on the commissioner’s report, the present petition may be disposed of directing the trial court before whom the said case is posted on 07.02.2026 to pass appropriate orders on the commissioner’s report and thereafter, proceed further in the matter. The said submission is placed on record. 2. Petition stands disposed of accordingly by directing the trial court to pass appropriate orders on the Commissioner’s report and thereafter proceed further in the matter after providing an - 5 - HC-KAR NC: 2026:KHC:5413 WP No. 30494 of 2025 opportunity in this regard to both sides. All rival contentions between the parties are kept open and no opinion is expressed on the same. Sd/- (S.R.KRISHNA KUMAR) JUDGE SRL List No.: 2 Sl No.: 88