Sri.Darshan H R v. Sri Nandisha
Case brief
What is this about?
Karnataka High Court, Bengaluru; WP No. 3604 of 2025 (GM-CPC); NC: 2025:KHC:46573; decided 13.11.2025 by R. Nataraj, J. Petitioner Darshan H.R. sought quashing of order dated 25.01.2025 in O.S. No.859/2024 (perpetual injunction suit, Principal Civil Judge and JMFC, Kadur) allowing respondents' I.A. No.III under Order XXVI Rule 9 r/w Section 151 CPC for measurement of suit property. During pendency, the Court (order dated 07.07.2025) routed the measurement through the Chief Officer, Town Municipal Council, Kadur, whose Assistant Engineer inspected both properties and reported on 11.07.2025. Held: writ petition infructuous as petitioner did not challenge the Court's own Commissioner-appointment order; disposed of; report and sketch transmitted to Trial Court to deal with objections under Order XXVI Rule 10(2) CPC. Keywords: local investigation, Commissioner, boundary dispute, setback/building plan deviation, infructuous writ petition.