IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE S.N.SATYANARAYANA WRIT PETITION NOs.36933 & 43486 OF 2013 [GM-CPC] BETWEEN:
SMT. RAJAMMAL NANJUNDA CHETTY W/O. LATE NANJUNDA CHETTY SINCE DEAD BY HER LR C.P.N. NAGA GOWRI AGED ABOUT 48 YEARS D/O. C.P. NANJUNDA CHETTY D.NO.94, 7TH MAIN, JAYALAKSHMIPURAM, MYSURU – 570 012 ... PETITIONER (By SRI. M. VINAYA KEERTHY, ADVOCATE) AND:
C.P.N. PERUMAL PRASAD S/O. LATE NANJUNDACHETTY AGED ABOUT 47 YEARS RESIDING AT # 94, 7TH MAIN, JAYALAKSHMIPURAM MYSORE – 570 012. ... RESPONDENT [BY SRI. L. UMASHANKAR, ADVOCATE] THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DT. 29.5.2013 PASSED IN O.S. NO.194/2005 ON THE FILE OF THE HON’BLE I ADDL. CIVIL JUDGE [SR. DN.,], AND CJM, MYSORE VIDE ANNX-A.
THESE PETITIONS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The defendant in O.S. No.194/2005 on the file of I Additional Civil Judge [Sr. Dn.,] & CJM, Mysuru has come up in this writ petition, impugning the order dated 29.05.2013 passed therein. The said order is at Annexure-A.
2. The dispute between the parties is with regard to the passage which is shown as 417 sq. meters in the sketch. According to the learned counsel for the respondent, the total extent of land which is involved in this proceedings is 8,500 sq. feet wherein 50% share is available to the petitioner and respondent in this proceedings and portion of 417 sq. meters as referred to in the sketch in which also both the parties have equal share. Since the same is referred to as sq. feet as against sq. meters, the same is required to be reconsidered by conducting survey of the place by appointing a Court Commissioner. Therefore, both counsel appearing for the petitioner as well for the respondent would submit that the order impugned may be set aside and the matter may be remanded back to the FDP Court for appointing a Commissioner to measure the entire extent of land available including passage to reach the main portion of the land and thereafter to pass appropriate orders dividing the said property into two portions between the plaintiff and defendant in the original suit who are petitioner and respondent respectively in this proceedings.
Accordingly, the writ petitions are disposed of.
Sd/- JUDGE AN/-