IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2019 BEFORE THE HON'BLE MR. JUSTICE B. VEERAPPA WRIT PETITION No.8115 OF 2019(GM – CPC) BETWEEN :
M/s. Ozone Relators Private Limited, A Company Incorporated Under The Companies Act, Having its Registered Office At No.35/7 – 1, 2nd Floor, Yellappa Chetty Layout, Civil Station, Ulsoor Road, Bengaluru-560 042.
Represented By its Senior Manager-Commercial And Authorized Signatory, Mr Balaji V. ... Petitioner (By Sri. D R Ravishankar, Adv.) AND :
1. Smt. Akkemma @ Akkyamma, W/o Late K Anjanappa, Aged About 87 Years, C/o Rajanna, R/at Tarbanahalli, Jala Hobli & Post, Bangalore North Taluk, Bengaluru – 562 157.
2. Smt. A Rukminiyamma, W/o Rajanna, Aged Major, R/At Tarabanahalli, Jala Hobli & Post, Bangalore North Taluk, Bengaluru – 562 157.
3. Sri. Srirama Chandra, S/o Late K Anajanappa, Aged About 55 Years, R/At No.388, Sri Anjaneya Temple, Nagavara Village, Arabic College Post, Bengaluru – 560 045.
4. Sri. Nagarajappa @ Bajane Mane Nagarajappa, Aged About 83 Years, 5. Sri Ramakrishna C N, S/o Nagarajappa @ Bajane Mane Nagarajappa, Aged About 43 Years, 6. Smt Shobha, W/o Late Ramesh, Aged About 45 Years, 7. Master Harshavardhana, S/o Late Ramesha, Since Minor Represented By Her Mother And Natural Guardian Smt Shobha Respondent Nos.4 to 7, Residing At Chikka Jala Village and Post, Bangalore North Taluk, Bangalore – 562 157.
8. Sri Kariyappa, S/o Chikkanna, Major, R/At No.76, Near Subramanya Temple, Venkatapura Main Road, Teachers Colony, Bangalore – 560 034.
9. Sri Girish Sanu, S/o Sri Chandrakanth P Sanu, Aged About 45 Years, R/At E-O, Krishna Glade Apartment, Palace Guttahalli, Bangalore – 560 024.
10. M/s Sree Yoga Varun Constructions Pvt Ltd., No.109/40, 7th Main, 2nd Cross, Singasandra Hosur Main Road, Bengaluru – 560 068. Represented By Its Director.
(By Sri. M Sudhakar Pai- Adv.For R1 & R2: R5 and R6 are served but unrepresented; R7 is minor;
Notice to R3, R8 to R10 is dispensed with Vide Order dated 16.04.19;
... Respondents Notice to R4 is dispensed with vide order Dated.24.4.2019) This Writ Petition is filed under Article 227 of the Constitution of India Praying to set aside the order Dated:6.2.2019 passed by the XXII Addl. City Civil and Sessions Judge, Benglauru [CCH No.7 In FCP No.33/2015 as Orders on Appointment of Court Commissioner [Annexure-L] and etc., This Petition coming on for Orders, this day, the Court made the following:
O R D E R Petitioner/Respondent No.9 in Final Decree Proceedings No.33/2015 is before this Court to set aside the order dated 06.02.2019 passed by the XXII Addl. City Civil & Sessions Judge, Bengaluru, (CCH-7) for appointment of Court Commissioner, as per Annexure-L without there being any application.
2. Learned counsel for respondent Nos. 1 and 2 on instructions fairly submits that the trial court proceeded to appoint Court Commissioner as per Annexure-L without filing any application.
3. In view of the fair submission, the impugned order dated 6.2.2019 passed by the XXII Addl. City Civil & Sessions Judge, Bengaluru (CCH-7), without there being any application is hereby quashed. Accordingly the writ petition is hereby allowed, with a liberty to both parties to file necessary application for appointment of Court Commissioner if need arises in future only in accordance with law.
Sd/- JUDGE Psg*