IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO. 43659 OF 2019 (GM-CPC) BETWEEN:
1. SMT SANNAMMA W/O LATE DEVEGOWDA, AGED ABOUT 78 YEARS, 2. SRI PUTTARAJEGOWDA S/O LATE DEVEGOWDA, AGED ABOUT 48 YEARS, 3. SMT LAKSHMAMMA W/O ALTE RAMEGOWDA, AGED ABOUT 68 YEARS, 4. SRI JALENDRA S/O LATE RAMEGOWDA, AGED ABOUT 46 YEARS, 5. SRI CHANDREGOWDA S/O ALTE RAMEGOWDA, AGED ABOUT 33 YEARS, 6. NAGEGOWDA S/O LATE RAJAPPA @ RAJEGOWDA, AGED ABOUT 73 YEARS, PETITIONER 1 TO 6 ARE RESIDING AT HUNASETHOPPALU VILALGE, HARANAHALLI HOBLI, PERIYAPATNA TALUK, MYSURU DISTRICT 571187.
7. KARIGOWEDA S/O ALTE RAJAPAP @ RAJEGOWDA, AGED ABOUT 70 YEARS, R/AT KALKUNIKE VILLAGE, KASABA HOBLI, HUNSUR TALUK, MYSURU DISTRICT 571105.
… PETITIONERS (BY SRI. B ROOPESHA, ADVOCATE) AND:
1. THAMMAIAH, SINCE DEAD BY LRS., 1(A) SMT SHASHIKALA, W/O VENAKTESH, D/O LAT THAMMAIAH, AGED ABOUT 60 YEARS, R/AT EACHURU VILLAGE, BYETTADHAPURA HOBLI, PERIYAPATNA TALUK, MYSURU DISTRICT 571102.
1(B) SMT. MANJULA, W/O SHIVANNA, D/O LATE THAMMAIAH, AGED ABOUT 57 YEARS, R/AT RAJANABELAGULI VILLAGE, HARANAHALLI HOBLI, PERIYAPATNA TALUK, MYSURU DISTRICT- 571187.
1(C) SRI. MOHANA, S/O LATE THAMMAIAH, AGED ABOUT 55 YEARS, R/AT RAJANABELAGULI VILLAGE, HARANAHALLI HOBLI, PERIYAPATNA TALUK, MYSURU DISTRICT- 571187.
1(D) SMT. JYOTHI, W/O PUTTEGOWDA, D/O LATE THAMMAIAH, AGED ABOUT 51 YEARS, R/AT BYADARABILAGULI VILLAGE, HARANAHALLI HOBLI, PERIYAPATNA TALUK, MYSURU DISTRICT- 571187.
1(E) SMT. BASAMMA, W/O LATE THAMMAIAH, AGED ABOUT 76 YEARS, R/AT RAJANABELAGULI VILLAGE, HARANAHALLI HOBLI, PERIYAPATNA TALUK, MYSURU DISTRICT- 571187.
2. SRI. CHANDREGOWDA, S/O THAMMAIAH, AGED ABOUT 51 YEARS, R/AT RAJANABELAGULI VILLAGE, HARANAHALLI HOBLI, PERIYAPATNA TALUK, MYSURU DISTRICT- 571187.
… RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS AND ISSUE ANY APPROPRIATE ORDER OR DIRECTION OR A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED ORDER IN O.S.NO.19/2016 PASED ON IA NO.12 FILED UNDER ORDER XXVI RULE 9 READ WITH SECTION 75 AND 151 OF CPC VIDE ANENXURE-F PENDING BEFORE THE SENIOR CIVIL JDUGE AND JMFC AT PARIYAPATNA.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Petitioner being the plaintiff in a declaration suit in O.S.No.19/2016 is invoking the writ jurisdiction of this Court for laying a challenge to the order dated 08.09.2019 a copy whereof is at Annexure-H whereby the learned Senior Civil Judge, Piriyapatna, having rejected his application in IA No.12 filed under Order XXVI Rule 9 read with Section 75 & 171 of CPC, 1908, has refused to appoint Court Commissioner as sought.
2. Having heard the learned counsel for the petitioner and having perused the petition papers, this Court declines to grant indulgence in the matter inasmuch as, going by the pleadings of the parties namely, the plaint and the Written Statement, copies whereof are produced as annexures to the writ petition, there does not appear to be any dispute as to the identity, location and measurement of the subject property. Thus, legal essentials for appointment of Court Commissioner are lacking in this case, regardless of the quality of reasoning part in the impugned order.
In the above circumstances this writ petition being devoid of merits, is rejected in limne.
Sd/- JUDGE Bsv