Sri Shivappa H L v. Sri Thimmareddy P
Case brief
What is this about?
Karnataka High Court, Bengaluru; Justice H.T. Narendra Prasad; WP No. 12854 of 2026 (GM-CPC); decided 23.04.2026. Keywords: Article 227 Constitution of India; writ of certiorari against interlocutory order; Order XXVI Rule 9 CPC; Section 151 CPC; appointment of Court Commissioner; local investigation; identification of suit schedule property vs written statement schedule property; bare injunction suit O.S.No.6633/2023; dismissal of I.A.No.VI; alleged admission of plaintiff's documents, construction and possession; plaintiff's cross-examination concession of no objection; 'no prejudice' and assistance-to-Court reasoning. Relevant for practitioners assessing challenges to refusal of Court Commissioner applications at the post-evidence stage in injunction suits.
What did the court decide?
Writ petition allowed; order dated 04.04.2026 on I.A.No.VI in O.S.No.6633/2023 set aside; I.A.No.VI under Order XXVI Rule 9 of CPC allowed; Trial Court directed to appoint a Court Commissioner on 25.04.2026 with report on or before 04.06.2025 (as printed) and proceed in accordance with law.