- 1 - HC-KAR NC: 2026:KHC:7511 WP No. 24992 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 24992 OF 2025 (GM-CPC) BETWEEN: SRI BASAVANNA G.M., S/O LATE MADAPPA, AGE: 72 YEARS, R/O NO.301, KUPPALURU, SIDDALINGESHWARA EXTENSION, 2ND STAGE, NEAR RING ROAD, J.P.NAGARA, MYSURU - 570 031. …PETITIONER (BY SRI. NAGARAJA R C., ADVOCATE) AND: SRI P MAHADEVASWAMY S/O PUTTAMADAPPA, AGE: 63 YEARS, HEAD MASTER, GOVERNMENT HIGHER PRIMARY SCHOOL CHANNIPURA MOLE, CHAMARAJANAGAR CITY. R/O NEAR SEVA BHARATHI KANNADA MEDIUM SCHOOL, SHANKARAPUR BADAVANE, CHAMARAJANAGAR CITY. PIN - 571 313. …RESPONDENT (BY SRI. BASAVANNA K M., ADVOCATE) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:7511 WP No. 24992 of 2025 THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO A). ISSUE WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER OR DIRECTION TO QUASH THE IMPUGNED ORDER DATED 06.02.2025 PASSED BY ADDITIONAL CIVIL JUDGE AND JMFC, CHAMARAJANAGAR IN O.S.NO.65/2021 PRODUCED AT ANNEXURE-A, ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, 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.65 of 2021 on the file of the Additional Civil Judge and JMFC, Chamarajanagara is directed against the impugned order dated 06.02.2025, whereby, the report of the Court Commissioner was accepted by the Trial Court. 2. Heard Sri.Nagaraja.R.C., learned counsel appearing for the petitioner and Sri.Basavanna.K.M., learned counsel appearing for the respondent. 3. A perusal of the material on record will indicate that the petitioner/plaintiff instituted the aforesaid suit - 3 - HC-KAR NC: 2026:KHC:7511 WP No. 24992 of 2025 against the respondent/defendant for permanent injunction and other reliefs in relation to the suit schedule immovable property. In the said suit, the respondent/ defendant having filed an application for appointment of a Court Commissioner under Order XXVI Rule 9 CPC, the same came to be allowed, pursuant to which, the Commissioner submitted his report, to which, the respondent/defendant submitted, he did not have any objection. 4. It is the grievance of the petitioner that though the petitioner had objections to the report of the Court Commissioner and intended to examine/cross-examine him, the Trial Court proceeded to pass the impugned order accepting the Commissioner's report without providing an opportunity to the petitioner to either file objections or examine/cross-examine the Court Commissioner and as such, the petitioner is before this Court by way of the present petition. - 4 - HC-KAR NC: 2026:KHC:7511 WP No. 24992 of 2025 5. A perusal of the impugned order will indicate that the Trial Court has merely has accepted the report of the Court Commissioner by noticing that the respondent/ defendant had not filed any objections in this regard. However, in the light of the specific submission made by the learned counsel for the petitioner, that the petitioner intends to file objections to the report of the Court Commissioner and examine/cross-examine him, if an opportunity was provided to him, without expressing any opinion on the merit/demerits of the rival contentions, I deem it just and appropriate to set aside the impugned order and remit the matter back to the Trial Court for reconsideration afresh, in accordance with law. Hence, I pass the following: ORDER i) Writ Petition is allowed. ii) The order dated 06.02.2025 passed in O.S.No.65 of 2021 on I.A. filed under Order XXVI Rule 9 of CPC by the respondent/defendant is set aside. - 5 - HC-KAR NC: 2026:KHC:7511 WP No. 24992 of 2025 iii) The matter is remitted back to the Trial Court for reconsideration afresh in accordance with law. iv) Liberty is reserved in favour of petitioner to file objections to the Commissioner's report and examine/cross-examine him, if he so desires. v) The Trial Court shall provide an opportunity to the petitioner as stated supra and proceed further and dispose of the suit as expeditiously as possible, within a period of four months, from the date of receipt of copy of this order. Sd/- (S.R.KRISHNA KUMAR) JUDGE DH List No.: 2 Sl No.: 68