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"Heard learned counsel for the petitioners, learned counsel for respondent Nos.1 and 2 and learned AGA for respondent No.3 in part.

Learned counsel for the petitioners, learned counsel for respondent Nos.1 and 2 and learned AGA for respondent No.3 jointly submit that without prejudice to their rights and contentions, they have no objection for the jurisdictional ADLR i.e., the Additional Director of Land Records, Mangalore, Dakshina Kannada District to be appointed as a Court Commissioner to conduct a joint survey/spot inspection in the presence of all parties and to submit a report in this regard by next date of hearing.

In view of the joint submissions made by both sides, I deem it just and appropriate to direct the NC: 2026:KHC:17562 HC-KAR jurisdictional ADLR, Mangalore, Dakshina Kannada District to conduct a joint survey/spot inspection of the suit schedule property on 28.02.2026 and to submit a report in this regard by the next date of hearing.

The petitioners, respondent Nos.1 and 2 are directed to be physically present at the suit schedule property at 11.00 a.m. on 28.02.2026 so as to enable the ADLR/Court Commissioner to conduct a joint survey/spot inspection as stated supra.

Hand delivery of this order is permitted."

7. In pursuance of the said interim order, the ADLR has submitted a report along with sketch, photographs etc., which is recorded by this Court in its order dated 16.03.2026 as hereunder:

"Learned AGA for respondent No.3 submits that pursuant to the order dated 19.02.2026, the ADLR has submitted a report along with the report, sketch, photographs, etc. NC: 2026:KHC:17562 HC-KAR Learned counsel for the parties seeks time to examine the aforesaid documents and make submissions on the next date of hearing.

Re-list on 26.03.2026 at 02.30 p.m."

8. Today, respondent Nos.1 and 2 - plaintiffs have filed their objections to the said report submitted by the ADLR and the said objections and documents produced by respondent Nos.1 and 2 are also placed on record.

9. A perusal of the impugned orders passed by the Trial Court and the First Appellate Court will indicate that reliance is placed upon the Commissioner's Report, which was made available to the Trial Court and the First Appellate Court for the purpose of passing the impugned orders in favour of the plaintiffs against the defendants. However, having regard to the subsequent Commissioner's Report submitted by the ADLR, pursuant to the aforesaid order passed by this Court, though several contentions have been urged by both sides in support of their respective claims, without expressing any opinion on the merits/demerits of the rival contentions and in view of the aforesaid subsequent event that has transpired/occurred during the pendency of the present NC: 2026:KHC:17562 HC-KAR petitions and the new/fresh report submitted by the ADLR, I deem it just and appropriate to set aside the impugned orders and remit the matter back to the Trial Court for reconsideration of IA Nos.2 and 5 afresh, in accordance with law, within a stipulated time frame.