SRI. R.VENKATACHALAPATHY Vs. SMT. R.SREERANGAMMA

JUDGEMENT

(1.) Petitioner being the plaintiff in an injunctive suit in O.S.No.7352/2014 is knocking at the doors of Writ Court grieving against the order dated 17.12.2019, a copy whereof is at Annexure-A whereby the learned VII Additional City Civil Judge, Bengaluru (CCH-19) having rejected his application filed under Order XXVI Rule 9 r/w Section 151 of CPC, 1908 has refused to appoint Court Commissioner for identification and measurement of the property in question.

(2.) After service of notice, respondent having entered caveat through his counsel vehemently opposes the writ petition making submission in justification of the impugned order.3. Having heard the learned counsel for the parties and having perused the petition papers, this Court is of a considered opinion that relief needs to be granted to the petitioner for following reasons: