Defendants in a declaration and mandatory injunction suit challenged the appointment of a Taluk Surveyor as Court Commissioner to measure disputed lands in Sy.No.145/1. The High Court upheld the appointment but modified it so that only the portions per plaintiff's and defendants' sale deeds are surveyed, not the entire survey number.
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.
NC: 2024:KHC:28611 WP No. 4461 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF JULY, 2024
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 4461 OF 2021 (GM-CPC)
BETWEEN:
Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA
PETITIONERS NOS.1 TO 3 ARE R/AT TIPPUNAGAR, AMBEDKAR ROAD, BANGARPET – 563 114.
NC: 2024:KHC:28611 WP No. 4461 of 2021
…PETITIONERS
(BY SRI. S. SUJAYENDRA, ADVOCATE)
AND:
SMT. MEHRUNISSA, W/O. K. MOHAMMED SHAFIUDDIN, AGED ABOUT 70 YEARS, R/O. 1ST CROSS, TIPPUNAGAR, AMBEDKAR ROAD, BANGARPET, KOLAR DISTRICT – 563 114.
…RESPONDENT
(BY SRI. RAGHAVENDRA V., ADVOCATE)
THIS W.P. IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO ALLOW THE ABOVE W.P., QUASH ORDER DATED 01.02.2021 OF THE HON’BLE ADDITIONAL SENIOR CIVIL JUDGE AT KGF IN O.S.NO.52/2013 AT ANENXURE-A IN ALLOWING IA.NO.14 FILED BY THE RESPONDENT UNDER ORDER 26 RULE 9 READ WITH SECTION 151 OF CODE OF CIVIL PROCEDURE, 1908 BY APPOINTING TALUK SURVEY BANGARPET FOR SURVEYING LAND IN SURVEY NO.145/1 AND ETC.
THIS PETITION, COMING ON FOR PRILIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
NC: 2024:KHC:28611 WP No. 4461 of 2021
ORDER
Aggrieved by the order passed in I.A.No.14 in
O.S.No.52/2013 dated 01.02.2021 by the Addl. Senior Civil Judge and JMFC, KGF, the defendant is before this Court.
and for mandatory injunction in respect of plaint A and B schedule property. In that he had filed I.A.No.14 to appoint the Taluk Surveyor, Bangarpet Taluk for local inspection of the suit property and its adjacent property that is the entire land in Sy.No.145/1 of Bangarpet Village, Kasaba Hobli, Bangarpet Taluk on the measurements and boundaries mentioned in Ex.D.1, Ex.P.1, Ex.D.2, Ex.P.2 and Ex.D.68 and other subsequent title deeds and to submit the report.
NC: 2024:KHC:28611 WP No. 4461 of 2021
also stated that there is no necessity to appoint a Commissioner. The discretionary power of the Court to appoint a Court Commissioner would arise after completion of evidence of both sides. The application is premature looking at from the well settled proposition of law.
both the parties that the defendant had set up their title in respect of the portion of the suit schedule property and as of now, both sides evidence has been completed. In the evidence, the parties have reiterated the averments made in their respective pleadings. Moreover, both the parties have produced counter title deeds. It can be ascertained which of the title deed is valid and legal, but in order to ascertain whether or not, the said portions of defendant Nos.1, 3, 5 and 6 falls or over lapses or coincides with the suit schedule property. It is necessary to engage a commission to inspect the suit schedule property and to measure the same and accordingly, the Trial Court had allowed I.A.No.14 and Taluk Surveyor is appointed as Court Commissioner and he was directed to carry out all the necessary instructions that are instructed by both the parties.
NC: 2024:KHC:28611 WP No. 4461 of 2021
The plaintiff was further directed to do follow ups with court commissioner to execute the same at the earliest time.
NC: 2024:KHC:28611 WP No. 4461 of 2021
surveyed and the Trial Court had rightly ordered the petition and the Writ Petition is liable to be dismissed.
ORDER
and as per the sale deeds of the plaintiff and defendants, the survey shall be conducted.
NC: 2024:KHC:28611 WP No. 4461 of 2021
iii. All I.As., in the Writ Petition, shall stand closed.
SD/JUDGE
BN List No.: 1 Sl No.: 19
1 issue framed by the court
Whether the trial court's appointment of a Taluk Surveyor as Court Commissioner to survey suit and encroached properties in a declaration suit was justified, and whether surveying the entire Sy.No.145
3 provisions across 2 enactments
Sri. Hidayathulla
Sri. Munnavar Baig
Sri. Rahmathulla
Sri. Syed Ziaulla Khan
Smt. Ahmadi Begum
Smt. Shabana Parveen T.
Lalitha Kanneganti
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
