- 1 - HC-KAR NC: 2026:KHC:7621 WP No. 35269 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.35269 OF 2024 (GM-CPC) BETWEEN: 1. MR. DANI C.N. S/O NAGARAJ AGED ABOUT 41 YEARS, R/AT HOYASALA STREET, NEHRU NAGARA, BELUR, HASSAN, KARNTAKA-573115. …PETITIONER (BY SRI. RAJ PRABHU S.,ADVOCATE) AND: 1. SMT.L.NAGARATHNA W/O SRI. ESHWARAPPA, AGED ABOUT 55 YEARS, R/AT 3RD CROSS, DURGIGUDI HONNALI, DAVANAGERE. …RESPONDENT (BY SRI. JWALA KUMAR, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXURE-F i.e. THE IMPUGNED ORDER DATED 20.12.2024 ON PASSED I.A.NO.3 FILED UNDER ORDER 26 RULE 9 OF CPC PASSED BY THE HON'BLE SENIOR CIVIL JUDGE AND JMFC, BELUR IN O.S.NO.107/2024. Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:7621 WP No. 35269 of 2024 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, petitioner seeks the following reliefs: "a). Issue a writ of certiorari to quash Annexure-F i.e., the impugned order dated 21.12.2024 on passed I.A.No.3 filed under Order 26 Rule 9 of CPC passed by the Hon'ble Senior Civil Judge and JMFC, Belur in O.S.No.107/2024; b). Grant such other as this Hon'ble court deems fit to grant in the facts and circumstances of the case.' 2. This petition by the defendant in O.S.No.107/2024 on the file of the Senior Civil Judge, Belur is directed against the impugned order dated 20.12.2024 whereby the interlocutory application No.4 filed by the respondent/plaintiff under Order XXVI Rule 9 of Code of Civil Procedure, 1908 for appointment of Court Commissioner to conduct local inspection and to submit a report was allowed by the Trial Court. - 3 - HC-KAR NC: 2026:KHC:7621 WP No. 35269 of 2024 3. Heard the learned counsel for the petitioner/defendant and learned counsel for the respondent/plaintiff and perused the material on record. 4. A perusal of the material on record will indicate that the respondent/plaintiff instituted the aforesaid suit against the petitioner/defendant for declaration and possession in respect of the suit Schedule ‘B’ property. The said suit is being contested by the petitioner/defendant. Prior to settlement/framing of issues, the respondent/plaintiff filed the instant application, seeking appointment of a Court Commissioner, inter alia contending that the petitioner was putting up illegal and un-authorised construction on the suit schedule ‘B’ property and the Court Commissioner is required to be appointed before the Trial Court to proceed further in the matter. 5. The said application having been opposed by the petitioner/defendant, the Trial Court proceeded to pass the impugned order, allowing the application. 6. Aggrieved by the same, the petitioner/defendant is before this Court by way of the present petition. - 4 - HC-KAR NC: 2026:KHC:7621 WP No. 35269 of 2024 7. Learned counsel for the petitioner/defendant on instruction submits that the construction of the building in the suit schedule property on the exterior is completed and no further construction would be put up by the petitioner except completing the interiors of the building and as such the impugned order passed by the trial Court may be set aside and the matter be remitted back to the Trial Court for reconsideration of I.A.No.3 afresh in accordance with law after completion of evidence of both sides. 8. Per contra, learned counsel for the respondent/plaintiff submits that the impugned order may be set aside and the matter be remitted back to the Trial Court for reconsideration afresh in accordance with law by reserving liberty in favour of the respondent to file appropriate application before the Trial Court seeking appropriate reliefs with a direction to the Trial Court to consider the pending application filed by the respondent/plaintiff in accordance with law. 9. In view of the aforesaid factual circumstances, I deem it just and appropriate to set aside the impugned order and remit the matter back to the Trial Court for reconsideration of I.A.No.3 afresh and in accordance with law. - 5 - HC-KAR NC: 2026:KHC:7621 WP No. 35269 of 2024 10. Accordingly, the following: ORDER (i) Writ Petition is hereby allowed. (ii) Impugned order passed by the learned Senior Civil Judge and JMFC., Belur in O.S.No.107/2024 on I.A.No.3 is hereby set aside. (iii) The matter is remitted back to the trial Court for reconsideration of I.A.No.3 afresh and in accordance with law. (iv) The Trial Court shall also dispose of the injunction application filed by the respondent/plaintiff after hearing both sides and in accordance with law as expeditiously as possible. SD/- (S.R.KRISHNA KUMAR) JUDGE MR List No.: 2 Sl No.: 45