IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 22ND DAY OF OCTOBER, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO. 3794 OF 2018 AND WRIT PETITION NOS. 3986-3987/2018 (GM-CPC) BETWEEN:
HANUMANTHA RAO S/O. RAMA RAO, SINCE DEAD BY HIS LRS., 1. SMT. YASHODHA BAI, W/O. HANUMANTHA RAO H.R., AGED ABOUT 62 YEARS, R/AT NO.2/104, BEHIND RADIO STATION, PAPER TOWN, BHADRAVATHI TOWN AND TALUK, SHIVAMOGGA DISTRICT-576 101.
2. SMT. VANI BAI W/O. SHIVAJI RAO, AGED ABOUT 38 YEARS, R/AT NO.2/104, BEHIND RADIO STATION, PAPER TOWN, BHADRAVATHI TOWN AND TALUK, SHIVAMOGGA DISTRICT-576 101.
... PETITIONERS (BY SRI. VIGNESHWAR S SHASTRI, ADVOCATE) AND:
1. SRI. NARAYANA RAO S/O. BHEEMA RAO, AGED ABOUT 72 YEARS, AGRICULTURIST, R/AT BEHIND HORTICULTURE OFFICE, 1ST CROSS, T.B. CIRCLE, HONNALI TALUK, DAVANAGERE DISTRICT-577 001.
2. SRI. NAGARATHNA BAI D/O. BHEEMA RAO, AGED ABOUT 58 YEARS, AGRICULTURIST, R/AT BEHIND HORTICULTURE OFFICE, 1ST CROSS, T.B. CIRCLE, HONNALI TALUK, DAVANAGERE DISTRICT-577 001.
3. SRI. NAGARAJA B.K. S/O. LATE SUMITRA BAI, AGED ABOUT 36 YEARS, AGRICULTURIST AND ADVOCATE, R/AT BEHIND HORTICULTURE OFFICE, 1ST CROSS, T.B. CIRCLE, HONNALI TALUK, DAVANAGERE DISTRICT-577 001.
4. SMT. LEELA BAI D/O. RAMA RAO, W/O. GOPAL RAO, AGED ABOUT 54 YEARS, R/O. HARALAHALLI, HONNALI TALUK, DAVANAGERE DISTRICT-577 001.
5. SRI. NAGESH RAO S/O. RAMA RAO, AGED ABOUT 52 YEARS, R/O. HARALAHALLI, HONNALI TALUK, DAVANAGERE DISTRICT-577 001.
SMT. MAHALAXMI BAI D/O. RAMA RAO, SINCE DEAD BY HER LRS., 6. SRI. MALATHESH .R, S/O. RAMAKRISHNA.S, AGED ABOUT 34 YEARS, R/O "SHREE MALATESHA NIVASA", 3RD MAIN, 14TH CROSS, VINOBA NAGAR, DAVANAGERE TOWN AND DISTRICT-577 001.
7. SRI. HARISH KUMAR. R S/O. RAMAKRISHNA.S, AGED ABOUT 31 YEARS, R/O "SHREE MALATESHA NIVASA", 3RD MAIN, 14TH CROSS, VINOBA NAGAR, DAVANAGERE TOWN AND DISTRICT-577 001.
8. SRI. KESHAVA RAO S/O. RAMA RAO, AGED ABOUT 48 YEARS, R/O HARALAHALLI, HONNALI TALUK, DAVANAGERE DISTRICT-577 001.
9. SMT. RENUKA BAI D/O. RAMA RAO, W/O. ANNAJI RAO, AGED ABOUT 46 YEARS, R/O 3RD MAIN, 7TH CROSS, VINOBA NAGAR, DAVANAGERE-577 001.
10. SRI. BHEEMESH RAO S/O. RAMA RAO, AGED ABOUT 44 YEARS, R/O HARALAHALLI, HONNALI TALUK, DAVANAGERE DISTRICT-577 001.
11 . SMT. GEETA BAI D/O. RAMA RAO, W/O. MANJUNATHA RAO, AGED ABOUT 42 YEARS, R/O. 34TH MAIN, 7TH CROSS, VINOBA NAGAR, DAVANAGERE-577 001.
12 . SMT. MUKTA BAI D/O. RAMA RAO, W/O. SHIVAKUMAR RAO, AGED ABOUT 38 YEARS, HOUSE WIFE, R/O. UPPER UTTA COLONY, ABOVE RAILWA LEVEL CROSSING, NEAR GOLDEN JUBILEE POST OFFICE, BHADRAVATHI-576 101.
... RESPONDENTS (BY SRI. NAGARAJA B K, PARTY IN PERSON FOR R3 AND ALSO GPA OF R1 & R2;
SRI. SANDESH, ADVOCATE FOR R4 TO 12) THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 13.10.2007 PASSED IN F.D.P.NO.4/2017 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC AT HARIHAR AS PER ANNX-J AND ETC., THESE PETITIONS COMING ON FOR PRELIMINMARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Petitioners being the respondents in FDP No.4/2017 are invoking the writ jurisdiction of this Court for assailing the order dated 13.10.2017, a copy whereof is at Annexure-J, whereby the learned Sr. Civil Judge, Harihara having favoured decree holders application filed under Order XXVI Rule 9 of CPC, 1908 has appointed the Taluk Surveyor as the Court Commissioner for measuring the subject property for demarcation of the shares allottable to the parties in terms of the preliminary decree. After service of notice, the respondents having entered appearance through their counsel, resist the writ petition.
2. Having heard the learned counsel for the parties and having perused the petition papers, although this Court declines to grant indulgence in the matter so far as challenge to appointment of the Court Commissioner is concerned, the Court below is directed to consider the objections of the petitioners to the Commissioner’s Report which they shall file within a period of six weeks from today, and further shall not proceed with the FDP till after the said objections are considered.
Accordingly, the writ petitions are disposed off. All contentions of the parties having been kept open.
No costs.
Sd/- JUDGE Snb/