Sri. Vijayakumar Kurle v. Sri. Manohar Raju
Civil Procedure – Appointment of Court Commissioner – Order XXVI Rule 9 CPC – Encroachment dispute
Case brief
What is this about?
Karnataka High Court, Bengaluru; WP No. 5584 of 2021 (GM-CPC); decided 02.07.2026 by Justice Vijaykumar A. Patil; writ petition under Articles 226/227 Constitution allowed against order dated 10.02.2021 of XIV Additional City Civil Judge, Bengaluru (CCH-28) on IA.No.20 in OS.No.460/2013; application under Order XXVI Rule 9 r/w Section 151 CPC for Court Commissioner (Assistant Director of Land Records, Bengaluru South Taluk) to measure Sy.Nos.18/6A, 18/6B, 18/7A, 18/7B, 18/8 had been dismissed as vague post-adduction of evidence; court held oral and documentary evidence insufficient where plaintiff asserts 740 sq.ft encroachment of 'B' schedule property and defendants deny; Commissioner to measure Sy.Nos.18/7 and 18/8 and suit schedule 'A' and 'B' properties with time-bound report; no costs.
What did the court decide?
Writ petition allowed; impugned order dated 10.02.2021 passed on IA.No.20 in OS.No.460/2013 set aside; plaintiff's application IA.No.20 under Order XXVI Rule 9 CPC allowed; trial Court directed to appoint the Court Commissioner to measure Sy.Nos.18/7 and 18/8 and the suit schedule properties and to stipulate a time limit for submission of the report; no order as to costs.