- 1 - HC-KAR NC: 2026:KHC:7262 WP No. 3590 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 3590 OF 2026 (GM-CPC) BETWEEN: SRI. B.S.RAMACHANDRA S/O LATE R. SHANKARANARAYANARAO AGED ABOUT 96 YEARS R/AT NO.21/1, 3RD CROSS, SHANKARAPURAM, BANGALORE - 560064 …PETITIONER (BY SMT. NAYANA TARA B.G., ADVOCATE) AND: SMT. B.S. REKHA D/O B. SRIDHAR MAJOR R/AT VIVEKANANDA VIDYALAYA RAMARAO ROAD, KATRIGUPPE, BSK 3RD STAGE, BANGALORE - 560027 …RESPONDENT (BY SRI. G.R.PRAKASH, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 10.12.2025 PASSED BY XIV ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-28), BANGALORE AT ANNEXURE E AND CONSEQUENTLY ALLOW THE I.A NO.24 FILED UNDER ORDER XXVI RULE 9 OF THE CODE OF CIVIL PROCEDURE, 1908, IN O.S NO. 7967 OF 2009 AT ANNEXURE C AND ETC. Digitally signed by MADHUSHREE H Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:7262 WP No. 3590 of 2026 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 In this petition, the petitioner seeks for the following reliefs:- a. "Issue a Writ in the nature of Certiorari or any other wirt, direction, or order of similar nature, setting aside the impugned order dated 10.12.2025 passed by XIV ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-28), Bangalore at Annexure E and consequently allow the I.A No.24 filed under Order XXVI Rule 9 of the Code of Civil Procedure, 1908, in O.S No.7967 of 2009 at Annexure C; b. Issue a Writ in the nature of Certiorari or any other writ, direction, or order of similar nature, setting aside the order dated 19.1.2026 passed by XIV ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-28), Bangalore in IA No.25 filed under Section 151 of CPC at Annexure H. c. Issue a Writ in the nature of Mandamus or any other writ, direction, or order of direction, directing the XIV ADDL CITY CIVIL AND SESSIONS JUDGE (CCH-28), Bangalore to consider and pass orders on I.A No.24 filed under Order XXVI Rule 9 of the Code Of Civil Procedure, 1908, in O.S No.7967 of 2009 at Annexure C. d. Pass such other relief/s under the facts and circumstances of the case in the interest of justice and equity." - 3 - HC-KAR NC: 2026:KHC:7262 WP No. 3590 of 2026 2. A perusal of the material on record will indicate that the petitioner / plaintiff instituted the aforesaid suit against the respondent / defendant No.5 as well as other defendants for declaration, possession, mandatory injunction and other reliefs in relation to the suit schedule immovable property. 3. After completion of trial, the petitioner / plaintiff having filed an application I.A.No.24 for appointment of a Court Commissioner to conduct local inspection, the trial court passed the impugned order keeping I.A.No.24 in abeyance till hearing of final arguments. Aggrieved by the said order dated 10.12.2025, the petitioner filed application - I.A.No.25 to recall the said order and I.A.No.25 was also dismissed by the trial Court by passing the impugned order. Aggrieved by the impugned orders passed on I.A.Nos.24 and 25, the petitioner is before this Court by way of the present petition. 4. A perusal of the impugned orders will indicate that instead of passing appropriate orders on the application - I.A.No.24 filed by the petitioner under Order XXVI Rule 9 of CPC which is being opposed by the respondent, the trial Court has proceeded to keep - 4 - HC-KAR NC: 2026:KHC:7262 WP No. 3590 of 2026 the said application in abeyance which is not permissible in law and contrary to well settled principles governing the procedure for consideration and disposal of interlocutory applications. 5. Under these circumstances, without expressing any opinion on the merits / demerits of the rival contentions on I.A.No.24, I deem it just and appropriate to set aside the impugned orders and direct the trial Court to consider and pass appropriate orders on I.A.No.24 in accordance with law. In the result, I pass the following:- ORDER i. The petition is hereby allowed. ii. The impugned order on I.A.No.24 dated 10.12.2025 in O.S.No.7967/2009 passed by the XIV Additional City Civil and Sessions Judge (CCH-28), Bengaluru, is hereby set aside. I.A.No.25 dated 19.01.2026 in O.S.No.7967/2009 passed by the XIV Additional City Civil and Sessions Judge (CCH-28), Bengaluru, is hereby allowed. - 5 - HC-KAR NC: 2026:KHC:7262 WP No. 3590 of 2026 iii. The trial Court is directed to consider and pass appropriate orders on I.A.No.24 as expeditiously as possible. Sd/- (S.R.KRISHNA KUMAR) JUDGE MH/- List No.: 2 Sl No.: 59