Disposed¶59

Sri. K R Shivakumar v. Smt. O Chikkaveeramma

Karnataka HC7 Apr 2026WP/9987/2024

Case brief

AI extract

What is this about?

Partition / final decree proceedings; FDP No.29/2018; O.S.No.133/2014; preliminary decree dated 24.03.2018; Order 26 Rule 13 CPC; appointment of Court Commissioner; exclusion of 4 guntas in Sy.No.110/3F2 of Anekonda Village, Davanagere Taluk; Commissioner's report Annexure-H; undertaking by respondent Nos.1 and 2 not to claim shares; writ petition under Articles 226 and 227; GM-CPC; writ petition disposed with direction to FDP Court.

What did the court decide?

Writ petition disposed of; FDP Court directed to proceed in accordance with law excluding the 4 guntas of land in Sy.No.110/3F2 of Anekonda Village, Davanagere Taluk, as per Annexure-H; all pending applications stand disposed of. ¶59

Sri. K R Shivakumar Vs Smt. O Chikkaveeramma — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the order dated 07.02.2024 allowing appointment of a Court Commissioner in FDP No.29/2018 should be set aside and the FDP Court directed to dispose of the petitioners' application, given that Sy.No.110/3F2 of Anekonda Village measuring 4 guntas belongs to the petitioners and was excluded by the Trial Court.

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Court's answer

Since the rights of the petitioners were not affected and on the basis of the undertaking of respondent Nos.1 and 2, the writ petition could be disposed of.

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Ratio / Principle

The writ petition is disposed of.

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Key takeaways

The FDP Court is directed to proceed with the proceedings in accordance with law, excluding the 4 guntas of land situated in Sy.No.110/3F2 of Anekonda Village in Davanagere Taluk, as per Annexure-H.ratio¶58

Detailed headnote1 paragraphs

High Court of Karnataka (H.T. Narendra Prasad, J.) disposed of a writ petition under Articles 226 and 227 of the Constitution of India challenging the order dated 07.02.2024 of the Principal Senior Civil Judge and CJM, Davanagere, whereby I.A.No.XV filed by respondent Nos.1 and 2 under Order 26 Rule 13 of CPC for appointment of a Court Commissioner in FDP No.29/2018 (based on the preliminary decree dated 24.03.2018 in O.S.No.133/2014) was allowed. The petitioners' sole grievance was that Sy.No.110/3F2 of Anekonda Village, Davanagere Taluk measuring 4 guntas belonged to them and had been excluded by the Trial Court while passing the preliminary decree, with the Commissioner's report at Annexure-H reflecting that exclusion. Respondent Nos.1 and 2 undertook not to claim any shares in that 4 guntas and sought partition only in the remaining extent. Finding that the petitioners' rights were unaffected and the new Court Commissioner was determining shares on the basis of the earlier sketch at Annexure-H, the Court disposed of the writ petition and directed the FDP Court to proceed in accordance with law excluding the said 4 guntas as per Annexure-H; all pending applications stood disposed of.

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1 - NC: 2026:KHC:18812 WP No. 9987 of 2024

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 7^TH DAY OF APRIL, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD

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WRIT PETITION NO.9987 OF 2024 (GM-CPC)

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BETWEEN:

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SRI. K.R. SHIVAKUMAR S/O K.B.RUDRAPPA AGED ABOUT 72 YEARS

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SRI K.R. PRAKASH S/O K.B. RUDRAPPA AGED ABOUT 64 YEARS

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SRI K.R. THIPPESH S/O K.B. RUDRAPPA AGED ABOUT 61 YEARS

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Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA

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SRI K.R. VEERANNA S/O K.B. RUDRAPPA AGED ABOUT 58 YEARS

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SRI K.R. PRABHU KUMAR S/O K.B. RUDRAPPA AGED ABOUT 55 YEARS

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ALL ARE R/AT NO.1990 MCC ‘A’ BLOCK PURUNDARA HOSPITAL ROAD DAVANAGERE – 577001.

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…PETITIONERS

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(BY SRI. K.N. NITISH, ADVOCATE FOR SRI. K.V. NARASIMHAN, ADVOCATE)

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2 - NC: 2026:KHC:18812 WP No. 9987 of 2024

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HC-KAR

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AND:

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SMT. O. CHIKKAVEERAMMA W/O O. MURIGEPPA AGED ABOUT 97 YEARS R/O DAVANAGERE NOW AT C/O Y.C.JAYASHREE NO.37/3, 2^ND CROSS,

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4^TH BLOCK, KUMARA PARK WEST BENGALURU - 560020.

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SMT. Y.C. JAYASHREE W/O Y.P. CHIKKAVEERAPPA, D/O LATE OREKONDY MURIGEPPA AGED ABOUT 80 YEARS HOUSE HOLD R/O DOOR NO.37/3 2^ND CROSS, 4^TH H BLOCK KUMARA PARK (WEST) BANGALORE - 560020.

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SRI. O. PRABHU S/O O. CHANDRASHIEKARAPPA AGED ABOUT 64 YEARS R/O DOOR NO.78, FLAT NO.5 ASWATH ENCLAVE APARTMENTS EAST END ‘D’ MAIN ROAD JAYANAGARA 9^TH BLOCK BENGALURU - 560069.

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DR. GOWRAMMA D/O O. CHANDRASHEKARAPPA W/O B.M. SHIVASHANKAR AGED ABOUT 74 YEARS R/AT NO.13, SNOVER ROAD LAFAYETTE, NJ 07B48, USA.

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SRI O. MUREGEPPA @ MURUGESH S/O O. CHANDRASHEKARAPPA AGED ABOUT 70 YEARS

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FLAT NO.10054, SOBHA ASPIRE

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3 - NC: 2026:KHC:18812 WP No. 9987 of 2024

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HC-KAR

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TUMKUR ROAD, NAGASANDRA BENGALURU - 560073.

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DR. UMA PRATHAP W/O DR. PRATHAP BASAPPA AGED ABOUT 66 YEARS 800, BROAD-MEDOWS COURT APT. – 203, VIRGINIA BEACH VIRGINIA 23462, USA.

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SRI O. CHANNABASAPPA S/O O. CHANDRASHEKARAPPA AGED ABOUT 58 YEARS R/AT NO.114/2, BEHIND KARNATAKA WEIGHBRIDGE OPP. TRISHUL THEATER, P.B.ROAD DAVANAGERE – 577001.

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…RESPONDENTS

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(BY SRI. PARAMESWARAPPA C., ADVOCATE FOR R1 AND R2; SRI. P.B. AJIT, ADVOCATE FOR R3 AND R5; R7 - SERVED)

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THIS WRIT PEITITON IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 07.02.2024 PASSED BY THE LEARNED PRL. SENIOR CIVIL JUDGE AT DAVANAGERE IN FDP NO.29/2018 ON IA NO.15 AT ANNEXURE-N AND TO DIRECT THE LEARNED PRL. SENIOR CIVIL JUDGE AND CJM AT DAVANAGERE TO CONSIDER AND DISPOSE OF THE APPLICATION AT ANNEXURE-F IN IA NO.7 FILED IN FDP NO.29/2018 BY THE PETITIONERS HEREIN, BEFORE PROCEEDING FURTHER IN THE PROCEEDINGS.

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THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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NC: 2026:KHC:18812 WP No. 9987 of 2024

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HC-KAR

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CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD

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ORAL ORDER

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In this writ petition, the petitioners have called in question the order dated 07.02.2024 passed by the Principal Senior Civil Judge and CJM, Davanagere on I.A.No.XV filed by respondent Nos.1 and 2 herein under Order 26 Rule 13 of CPC in FDP No.29/2018, whereby the said application for appointment of a Court Commissioner is allowed.

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The respondent Nos.1 and 2 filed a final decree proceedings in FDP No.29/2018 before the Principal Senior Civil Judge and CJM, Davanagere on the basis of the preliminary decree dated 24.03.2018 passed in O.S.No.133/2014.

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The only grievance of the petitioners herein is that Sy.No.110/3F2 of Anekonda Village in Davanagere Taluk measuring 4 guntas belongs to the petitioners herein. The Trial Court has excluded that property while

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5 - NC: 2026:KHC:18812 WP No. 9987 of 2024

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HC-KAR

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passing the preliminary decree. Pursuant to that, the Court Commissioner has also submitted a report. The same is produced at Annexure-H. The learned counsel for the petitioners submitted that if the respondents are obtaining the final decree proceedings excluding that property, they have no objection.

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The learned counsel for respondent Nos.1 and 2 submitted that since the Trial Court has already excluded 4 guntas of land in Sy.No.110/3F2, the respondents are not claiming any shares in the said property. They are seeking partition in the remaining extent of the property as per the report submitted by the Court Commissioner at Annexure-H.

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Now the new Court Commissioner appointed by the Court in FDP is also determining the share of the parties on the basis of the sketch produced earlier by the Court Commissioner vide Annexure-H. Since the rights of the petitioners is not affected and on the basis of the

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NC: 2026:KHC:18812 WP No. 9987 of 2024

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HC-KAR

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undertaking of respondent Nos.1 and 2, the writ petition

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can be disposed of.

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Accordingly, the following order is passed:

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ORDER

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(i) The writ petition is disposed of.

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(ii) The FDP Court is directed to proceed with the proceedings in accordance with law, excluding the 4 guntas of land situated in Sy.No.110/3F2 of Anekonda Village in Davanagere Taluk, as per Annexure-H.

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All pending applications stands disposed of.

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Sd/(H.T. NARENDRA PRASAD) JUDGE

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MD List No.: 1 Sl No.: 51

Sri. K R Shivakumar v. Smt. O Chikkaveeramma

Case brief

What is this about?

What did the court decide?

Sri. K R Shivakumar v. Smt. O Chikkaveeramma

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

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