Mr.Dani C.N. v. Smt.L.Nagarathna
Case brief
What is this about?
Karnataka HC WP No. 35269 of 2024 (GM-CPC), decided 09.02.2026, S.R. Krishna Kumar J. Articles 226/227 certiorari; Order XXVI Rule 9 CPC / Order 26 Rule 9 — appointment of Court Commissioner, local inspection, report; O.S.No.107/2024, Senior Civil Judge and JMFC Belur; declaration and possession, schedule 'B' property; illegal/un-authorised construction before framing of issues; impugned order dated 20.12.2024 on I.A.No.3 (once referred to as I.A.No.4) set aside; matter remitted for fresh reconsideration in accordance with law; injunction application of plaintiff (Smt. L. Nagarathna) to be disposed expeditiously; petitioner Mr. Dani C.N.; advocates Raj Prabhu S. and Jwala Kumar; neutral citation NC: 2026:KHC:7621.
What did the court decide?
Writ petition allowed; impugned order on I.A.No.3 (Senior Civil Judge and JMFC, Belur, O.S.No.107/2024) set aside; matter remitted to the Trial Court for reconsideration of I.A.No.3 afresh and in accordance with law; Trial Court additionally directed to dispose of the respondent/plaintiff's injunction application after hearing both sides, expeditiously.