S.R.SIDDALINGA DEVARU Vs. S.CHANDRASHEKARAIAH

JUDGEMENT

(1.) Petitioner is before this Court under Article 227 of the Constitution of India assailing the order dated 03.02.2020 passed on I.A.XI in O.S. No. 112/2014 on the file of Civil Judge and JMFC, Turuvekere by which the application filed under Order 26 Rule 9 of Code of Civil Procedure, is allowed.

(2.) The suit is one for declaration and possession of 'A' schedule property and to direct the defendant to deliver the encroached portion of 13 guntas of 'B' schedule property. After completion of the trial, the plaintiff filed an application I.A.XI under Order 26 Rule 9 read with Section 151 of CPC to appoint the Taluk Surveyor as Court Commissioner to measure the suit schedule property and to find out as to whether any encroachment is made by the defendant or not and to submit report. The said application was opposed by the petitioner stating that without their being any material on record, the plaintiff could not seek for appointment of Commissioner. The said application was allowed and the Taluk Surveyor was appointed as Court Commissioner to measure the suit schedule property and to find out as to whether any encroachment was made by the defendant or not. Aggrieved by the same, the defendant is before this Court.

(3.) Heard the learned counsel for the petitioner and perused the writ petition papers.