IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 26TH DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO. 31913 OF 2018 (GM-CPC) BETWEEN:
OMAR ABBA BIN GULAM BERI BY LRS.
1. JENAB, SONE OF OMAR ABBA, AGED ABOUT 66 YEARS, 2. MOHAMMED HANEEF, SON OF OMAR ABBA, AGED ABOUT 49 YEARS, 3. SAHUL HAMMED, SON OF OMAR ABBA, AGED ABOUT 44 YEARS, 4. ABDUL LATEEF, SON OF OMAR ABBA, AGED ABOUT 39 YEARS, 5. MOHAMMED IQBAL, SON OF OMAR ABBA, AGED ABOUT 42 YEARS, ALL ARE RESIDING AT KEMPEGOWDA ROAD, BELUR TOWN, BELUR TALUK, HASSAN DISTRICT – 571 203.
(BENEFIT SENIOR CITIZENSHIP IS NOT CLAIMED) … PETITIONERS (BY SRI. SANGAMESH R B, ADVOCATE) AND:
A S VASANTHA LAKSHMI, W/O SUBRAMANYA, AGED ABOUT 50 YEARS, R/AT TEMPLE ROAD,KOTE, BELUR TOWN & TALUK, HASSAN DISTRICT – 571 203.
(BY SRI. K GURUDHATTA, ADVOCATE) … RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 16.07.2018 PASSED IN O.S.NO. 225/2012 ON I.S. NO.5 ON THE FILE OF THE CIVIL JUDGE AND JMFC, BELUR, HASSAN DISTRICT (ANNEXURE-A).
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Petitioner being the defendant in an injunctive suit in O.S.No.225/2012 filed by the respondent-plaintiff herein is knocking at the doors of Writ Court for assailing the order dated 16.07.2018, a copy whereof is produced at Annexure-A, whereby the learned trial judge having favoured respondent’s application filed under Order XXVI Rule 9 of CPC, 1908, has appointed a Court Commissioner. After service of notice, the respondent having entered appearance through her counsel, opposes the writ petition.
2. Having heard the learned counsel for the parties and having perused the petition papers, this Court grants indulgence in the matter, only to the limited extent that the exercise of Commissioner shall be confined to the suit schedule property, and shall not transcend to other properties in terms of respondent’s Memo with which the petitioner is also broadly in agreement.
In the above circumstances, the writ petition stands disposed off accordingly, all contentions of the parties being kept open.
No costs.
Sd/- JUDGE Bsv