Karnataka High Court
Sri. Chandrashekar Poojary vs Sri. Devananda on 27 January, 2026
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2026:KHC:4295
WP No. 18681 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 18681 OF 2025 (GM-CPC)
BETWEEN:
SRI. CHANDRASHEKAR POOJARY,
S/O. LATE KRISHNA POOJARY,
AGED ABOUT 65 YEARS,
R/AT GURURAJ STORE, LAMINA CROSS,
NITTE VILLAGE AND POST, KARKAKA TALUK,
UDUPI DISTRICT - 574 110
...PETITIONER
(BY SRI. PRASANNA V. R., ADVOCATE)
AND:
SRI. DEVANANDA,
S/O. MONAPPANATHA,
AGED ABOUT 48 YEARS,
R/AT SUNFLOWER HOUSE,
GANTUKU, NEAR SANTHOSH INDUSTRY,
Digitally signed
BORGALGUDDE, NITTE VILLAGE AND POST,
by CHANDANA KARKALA TALUK,
BM UDUPI DISTRICT - 574 100
Location: High
Court of ...RESPONDENT
Karnataka (BY SRI. K. RAVISHANKAR, ADVOCATE)
THIS W.P. IS FILED UNDER ARTICLE 227 OF CONSTITUTION
OF INDIA PRAYING TO QUASHING THE ORDER DATED 03.05.2025
ON IA NO. 4 IN RA NO. 27/2019 (C/W RA NO. 28/2019) PASSED BY
THE LEARNED SENIOR CIVIL JUDGE AND ACJM KARKALA VIDE
ANNX-A.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
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NC: 2026:KHC:4295
WP No. 18681 of 2025
HC-KAR
ORAL ORDER
This petition by the appellant in R.A.No.27/2019 is directed against the impugned order passed on I.A.No.4, whereby the said application filed by respondent No.2 under Order XXVI Rule 9 CPC for appointment of a Court Commissioner was allowed by the First Appellate Court.
2. Heard learned counsel for the petitioner and learned counsel for the respondent and perused the material on record.
3. A perusal of the material on record will indicate that the petitioner, who is the appellant in R.A.No.27/2019 instituted a suit in O.S.No.184/2012 against the respondents for permanent injunction and other reliefs in relation to the suit schedule immovable property. In addition to the said suit, the defendants instituted one more suit in O.S.No.196/2012 against the petitioner herein for mandatory injunction and other reliefs in respect of the suit schedule property. Both the suits were clubbed together and contested by all parties and disposed of by common judgment and decree dated 22.04.2019 dismissing both the suits filed by both parties. Aggrieved by the aforesaid common judgment and decree passed in O.S.No.184/2012 and O.S.No.196/2012, the petitioner -3- NC: 2026:KHC:4295 WP No. 18681 of 2025 HC-KAR has preferred R.A.No.27/2019, while the respondents have preferred R.A.No.28/2019, which have also been clubbed and are being considered by the First Appellate Court. During the pendency of the said appeals, the respondent No.2 in R.A.No.27/2019 filed the instant application in R.A.No.28/2019, seeking appointment of a Court Commissioner, which came to be allowed by the First Appellate Court, albeit incorrectly mentioning that the same was filed in R.A.No.27/2019. Aggrieved by the impugned order, petitioner is before this Court by way of the present petition.
4. Though several contentions have been urged by both sides in support of their respective claims in the appeals as well as on I.A.No.4, having regard to the fundamental/patent irregularity/illegality committed by the First Appellate Court in disposing of I.A.No.4 without disposing of the appeal and keeping the same pending, without expressing any opinion on the merits/demerits of the rival contentions, I deem it just and appropriate to set aside the impugned order and remit the matter back to the First Appellate Court to dispose of both R.A.No.27/2019 and R.A.No.28/2019 along with the application I.A.No.4 filed in -4- NC: 2026:KHC:4295 WP No. 18681 of 2025 HC-KAR R.A.No.28/2019 in accordance with law after providing sufficient and reasonable opportunity to all parties.
5. In the result, I pass the following:
ORDER
i) The petition is hereby allowed.
ii) The impugned order dated 03.05.2025 passed in R.A.No.27/2019 on the file of Senior Civil Judge and ACJM, Karkala, is hereby set aside.
iii) The matter is remitted back for reconsideration of R.A.No.27/2019 and R.A.No.28/2019 along with I.A.No.4 afresh on merits and in accordance with law.
iv) The First Appellate Court is directed to dispose of both the appeals as expeditiously as possible and at any rate within 3 months from the next date of hearing i.e., 12.03.2021.
v) All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same.
Sd/-
(S.R.KRISHNA KUMAR) JUDGE MDS List No.: 1 Sl No.: 43