Karnataka High Court
WP/19592/2024 of SRI NARAYANAPPA Vs SMT PILLAMMA on 3 September 2026
CNR: KAHC010392722024 NC: 2026:KHC:48196 WP No. 19592 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 19592 OF 2024 (GM-CPC) BETWEEN: SRI NARAYANAPPA S/O CHOWDAPPA AGED ABOUT 75
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
WRIT PETITION NO. 19592 OF 2024 (GM-CPC)
BETWEEN:
SRI NARAYANAPPA
S/O CHOWDAPPA
AGED ABOUT 75 YEARS
HOSAKOTE TALUK,
BENGALURU RURAL DISTRICT
PIN CODE - 562 114
PETITIONER IS NOT CLAIMING
ANY SENIOR CITIZENSHIP NOT CLAIMED
…PETITIONER
(BY SRI. A.G.NAGARAJA, ADVOCATE)
AND:
1.
SMT.PILLAMMA
W/O LATE SUBBARAYAPPA
AGED ABOUT 73 YEARS
2.
SRI RAMESHA
S/O LATE SUBBARAYAPPA
AGED ABOUT 58 YEARS
3.
SRI.NARAYANASWAMY
S/O LATE SUBBARAYAPPA
AGED ABOUT 56 YEARS
4.
SRI CHANDRAPPA
S/O LATE SUBBARAYAPPA
AGED ABOUT 53 YEARS
Digitally signed
by SUVARNA T
Location: HIGH
COURT OF
KARNATAKA
HC-KAR
5.
SRI NAGESH
S/O LATE SUBBARAYAPPA
AGED ABOUT 51 YEARS
6.
SRI LOKESH
S/O LATE SUBBARAYAPPA
AGED ABOUT 48 YEARS
7.
SMT.PARVATHAMMA
W/O LATE LAKSHMAIAH
AGED ABOUT 58 YEARS
8.
SRI SUMAN KUMAR
S/O LATE LAKSHMAIAH
AGED ABOUT 37 YEARS
9.
SRI VIJAYAKUMAR
S/O LATE LAKSHMAIAH
AGED ABOUT 33 YEARS
10.
SRI KEMPAIAH
S/O CHOWDAPPA
AGED ABOUT 68 YEARS
RESPONDENTS NO.1 TO 10 ARE
RESIDING AT DODDARALAGERE VILLAGE
SULIBELE HOBLI,
HOSKOTE TALUK
BENGALURU RURAL DISTRICT - 562 114
11.
SMT NARAYANAMMA
D/O CHOWDAPPA
W/O NARYANAPPA
AGED ABOUT 61 YEARS
R/AT DODDASOKKANADAHALLI VILLAGE
JANGAMAKOTE HOBLI,
NAGAMANGALA POST,
CHIKKABALLAPUR TALUK
AND DISTRICT - 562 102
HC-KAR
12.
SRI RAMAIAH
S/O CHOWDAPPA
AGED ABOUT 64 YEARS
R/AT DODDARALAGERE VILLAGE
SULIBELE HOBLI,
HOSKOTE TALUK
BENGALURU RURAL DISTRICT - 562 114
13.
SRI CHIKKAVENKATAPPA @ BILIYAPPA
S/O LATE MUNISHAMAPPA
AGED ABOUT 70 YEARS
RESIDING AT SONNAHALLIPURA VILLAGE
SULIBELE HOBLI, HOSKOTE TALUK
BENGALURU RURAL DISTRICT - 562 114
14.
SRI VENKATASWAMY
S/O LATE CHIKKAMUNISHAMAPPA
AGED ABOUT 72 YEARS
R/AT SONNAHALLIPURA VILLAGE
SULIBELE HOBLI, HOSKOTE TALUK
BENGALURU RURAL DISTRICT - 562 114
15.
SRI KRISHNASWAMY
S/O LATE CHIKKAMUNISHAMAPPA
AGED ABOUT 68 YEARS
SULIBELE HOBLI, HOSKOTE TALUK
BENGALURU RURAL DISTRICT - 562 114
…RESPONDENTS
(BY SRI.P.M.SIDDAMALLAPPA, ADVOCATE FOR R14 AND R15
NOTICE TO R1 TO R13 ARE DISPENSED WITH V/O/DATED:
30/07/2024)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH THE IMPUGNED ORDER DATED: 04.06.2024 PASSED
ON I.A. IN O.S.2418/2022 PENDING ON THE FILE OF THE SR.
CIVIL JUDGE AND JMFC AT HOSAKOTE PRODUCED AT
ANNEXURE-A.
HC-KAR
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
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ORAL ORDER
Aggrieved by the order dated 04.06.2024 passed in I.A.No.13 in O.S.No.2418/2022 by the Senior Civil Judge and JMFC, Hosakote, the petitioner is before this Court.
2. The petitioner is the plaintiff who has filed the suit for permanent injunction. After the evidence was completed, when the matter was posted for argument, at that stage, the present application was filed seeking appointment of a Court Commissioner to inspect the property and submit a report. That came to be rejected by order impugned.
3. The Court, while dismissing the application, observed that the plaintiff stated that to know the alleged possession and specific boundaries of the suit item No.1, the appointment of a commissioner is very much necessary. But as per the ratio laid down by the Apex Court and the High Court of Karnataka for collection of evidence Court commissioner should not be granted. Herein this case the plaintiff has to prove his
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possession over the suit property by producing oral and documentary evidence. Therefore, the plaintiff has not made out any reasonable grounds to allow the application and rejected the application. Aggrieved thereby, the plaintiff is before this Court.
4. Learned counsel appearing for the plaintiff submits that when an application is filed seeking appointment of the Court Commission, the trial Court ought to have allowed the application. He has relied on the judgment of the Co-ordinate Bench of this Court in the case of Sri Shadaksharappa Vs. Kumari Vijayalaxmi and others, reported in 2023 (1) KCCR
637.
5. Learned counsel for the respondent submits that trial Court has rightly considered and passed an order and no interference is called for.
6. Having heard the learned counsel on either side, perused the material on record. The petitioner has filed an application to appoint the Assistant Director of Land Records, Hosakote Taluk, to conduct a local inspection of Item No.1 of
HC-KAR
the suit schedule property, bearing Sy.No.25, measuring 1 acre 35 guntas, to measure the boundaries, and to report the same to the Court. Considering the nature of the suit, the claims made by both parties, and in the light of the law laid down in Sri Shadaksharappa’s case referred to supra, no prejudice would be caused to the defendant, and, in fact, it would be helpful to the Court while passing the judgment. In light of the claims made by both parties, this Court deems it appropriate to allow this application for the inspection of Item No.1 of the suit schedule property. Accordingly, this Court is passing the following:
ORDER
i. The order dated 04.06.2024 passed in I.A.No.13 in O.S.No.2418/2022 by the Senior Civil Judge and JMFC, Hosakote, is set aside and IA No.13 is allowed as indicated in this order. ii. Accordingly, the writ petition is allowed. iii. All pending I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE PKN List No.: 1 Sl No.: 14