IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF NOVEMBER 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.33948 OF 2018 (GM-CPC) BETWEEN:
M/S. DIVYA PRASIDDI MAGNETICS, A PARTNERSHIP FIRM, HAVING ITS OFFICE AT NO.21/9, 14TH C MAIN, AGRAHARA DASARAHALLI, BENGALURU-79, REPRESENTED BY ITS PARTNER, SMT. R.NITHEYA, … PETITIONER (SRI. RAVI L. VAIDYA, ADVOCATE - ABSENT) AND:
SRI. C.PUTTARAJU, AGED ABOUT 42 YEARS, S/O. CHIKKAIAH, R/AT NO.9, 14TH C CROSS, AGRAHARA DASARAHALLI, BENGALURU-79.
… RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 24.10.2017 PASSED BY THE HON’BLE COURT OF THE XVIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BENGALURU (CCH.NO.10) IN O.S.NO.7139/2013 AT ANNEXURE-F ALLOWING THE APPLICATION FOR APPOINTMENT OF COMMISSIONER FILED BY THE RESPONDENT.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R None for the petitioner even when the matter is taken up in the second round. Perused the records.
2. In this petition under Article 227 of the Constitution of India, the petitioner inter alia has assailed the validity of the impugned order dated 24.10.2017 by which application filed by the plaintiff under Order XXVI Rule 9 CPC has been allowed and Court Commissioner has been appointed to assess the damages caused to the suit schedule property.
3. Writ Petition is pending before this Court since 2018, in which no interim order has been passed. In compliance of the aforesaid order, the Court Commissioner must have been appointed and must have submitted the report. Therefore, nothing prima facie survives for adjudication in this writ petition. However, the same is disposed of with liberty to the petitioner to assail the order dated 24.10.2017, if so advised, in an appeal, if occasion arises.
Accordingly, the writ petition is disposed of in terms of the liberty as mentioned supra.
Sd/- JUDGE PKS