SIMON D SOUZA Vs. K. RAVINDRANATH BAJPE

JUDGEMENT

(1.) Petitioner is before this Court under Article 227 of the Constitution of India, assailing the order dated 21.03.2020 passed on I.A.No.11 in R.A.No.118/2012 on the file of the Principal Senior Civil Judge and CJM, Mangaluru.

(2.) Petitioner herein is defendant No.1 and appellant before the trial Court and Appellate Court respectively, whereas respondent No.1 herein is the plaintiff and respondent No.1 before the trial Court and Appellate Court respectively. The first respondent/plaintiff filed a suit in O.S.No.299/2002 seeking relief of permanent prohibitory injunction and for mandatory injunction. The said suit came to be decreed, against which, the petitioner herein filed R.A.No.118/2012. In the said appeal, the Commissioner was appointed for conducting spot inspection and the Commissioner filed his report on 18.07.2019 along with the sketch. The petitioner herein filed objections to the Commissioner Report and prayed for setting aside the Commissioner report.

(3.) Further,the petitioner/ defendant No.1 also filed an application I.A.No.11 under Order XXVI Rule 10(3) of the Code of Civil Procedure to set aside the Commissioner Report and the sketch attached to the report and to re-issue the Commissioner warrant to the Survey Supervisor attached to the ADLR Office, Mangaluru Taluk.