Smt a G Rajamma v. Smt v Ramya
Case brief
What is this about?
Petitioner challenged an order rejecting an application to appoint a taluk surveyor to measure lands of the plaintiff's vendor's vendor. The High Court held such extension beyond suit property was impermissible and modified the order to restrict measurement to the suit schedule property purchased by the plaintiff.
What did the court decide?
Impugned order rejecting I.A. No. 17 was quashed and modified to restrict appointment of commissioner to measure suit schedule property purchased by the plaintiff.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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NC: 2024:KHC:35093 WP No. 10811 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 10811 OF 2023 (GM-CPC)
BETWEEN:
SMT A G RAJAMMA W/O M CHANDRAPPA AGED ABOUT 56 YEARS R/AT NO 1898, VIJAYANAGAR
BANGARPET 63114 REP BY HER GPA HOLDER SRI M CHANDRAPPA S/O MUNIVENKATAPPA AGED 59 YEARS R/AT NO 1898, VIJAYANAGAR BANGARPET 563114
…PETITIONER
Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA
- (BY SRI. SUJAYEENDRA SRIDHAR., & SRI. ABHISHEK N.V., ADVOCATES)
Issues for consideration
3 issues framed by the court
Whether the High Court can quash an impugned order rejecting an application for appointment of a court commissioner to measure landed property outside the suit schedule.
Whether a court commissioner can be appointed to measure properties belonging to vendor's vendor instead of the suit schedule property in a property suit.
Whether the impugned Order under Order 26 Rule 9 read with Section 151 CPC requires modification to restrict measurement to the suit schedule property.
Parties & counsel
- petitioner
SMT A G RAJAMMA
- respondent
SRI M CHANDRAPPA
- respondent
SMT V RAMYA
- respondent
SMT V .RASHMI
- respondent
SRI V. VENKATESH
- respondent
Case details
As recorded by the court registry
- Court
- Karnataka HC
- Decided on
- · August
- Registered
- Case no.
- WP/10811/2023
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