- 1 - HC-KAR NC: 2026:KHC:14267 WP No. 1462 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 1462 OF 2025 (GM-CPC) BETWEEN: SRI D N NAGARAJU S/O LATE DODDA NARAYANAREDDY AGED ABOUT 69 YEARS R/AT NO.013, 2ND FLOOR SHOBHA APARTMENT, JAKKUR LAYOUT YELAHANKA POST, BANGALORE-560 064. …PETITIONER (BY SMT. SOWMYASHREE G, ADVOCATE FOR SRI. SRINIVASA REDDY R V., ADVOCATE) AND: 1. SMT D N CHENNAKRISHNAMMA W/O CHENNAPPA AGED ABOUT 55 YEARS R/AT NO.27 AND 30, PILLAPPA LAYOUT PALANAHALLI GARDENT 1ST MAIN, 24TH CROSS ROAD MARUTHINAGARA, YELAHANKA BANGALORE-560 024. 2. SMT S.VANJA W/O D. N.NAGARAJU AGED ABOUT 55 YEARS R/AT NO.013, 2ND FLOOR SHOBHA APARTMENT JAKKUR LAYOUT, YELAHANKA POST BANGALORE-560 064. …RESPONDENTS (BY SRI. L NARASIMHAMURTHY, ADVOCATE FOR SRI SUDHINDRA S.A., ADVOCATE) Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:14267 WP No. 1462 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE IMPUGNED ORDER DATED: 06-12-2024 PASSED ON I.A NO.7 IN O.S NO.71/2017 BY THE CIVIL JUDGE AND JMFC, GUDIBANDE VIDE ANNEXURE-F AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. In this writ petition, the petitioner-defendant No.2 has called in question the order dated 06.12.2024 passed by the Civil Judge and JMFC, Gudibande (hereinafter referred to as ‘Trial Court’ for short) on I.A.No.7 filed in O.S.No.71/2017 vide Annexure-F, whereby I.A.No.7 filed by the defendants under Order XXVI Rule 10B of CPC filed for appointment of the Court Commissioner has been rejected. 2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court in Original Suit. - 3 - HC-KAR NC: 2026:KHC:14267 WP No. 1462 of 2025 3. Respondent No.1-plaintiff has filed a suit in O.S.No.71/2017 for permanent injunction. After the service of notice, defendants have appeared through counsel and defendant No.2 has filed I.A.No.7 under Order XXVI Rule 10B of CPC, seeking appointment of the Assistant Director of Land Records (ADLR), Chikkaballapura Taluk as Court Commissioner to conduct phodi and dursthi of land bearing Sy.No.305 as per the order dated 29.02.2024 passed by the Divisional Joint Director of Land Records. The Trial Court, by impugned order dated 06.12.2024, dismissed the said application. Being aggrieved by the same, the petitioner-defendant No.2 is before this Court. 4. This Court finds no error in the order passed by the Trial Court. The Trial Court was justified in rejecting the application, observing that the question of appointment of a Court Commissioner in the case on hand would arise only after the parties adduce their evidence. If the evidence adduced by the parties is not sufficient to decide - 4 - HC-KAR NC: 2026:KHC:14267 WP No. 1462 of 2025 the dispute between them, a Court Commissioner may then be appointed. There is no error or illegality in the order passed by the Trial Court. 5. Accordingly, the writ petition is dismissed, reserving liberty to the petitioner to file an application for appointment of a Commissioner after adducing the evidence of both parties. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA LIST NO.: 1 SL NO.: 1