K.S.NIRANJANMURTHY Vs. K.P. DEVENDRAPPA

JUDGEMENT

(1.) The petitioner is the plaintiff who has filed a suit for declaration and permanent injunction against the respondent in O.S.No.46/2014 before the Civil Judge and JMFC, Sakaleshpura has assailed the order passed by the Trial Court on I.A.No.3 of 2018 filed by the petitioner seeking permission of the Court to reject the report of the Commissioner and issuance of fresh warrant for appointment of a Commissioner.

(2.) In terms of the petition averments, the petitioner claims to be the absolute owner of the suit schedule property and in possession of the same. The petitioner came in possession of the suit schedule property measuring about 6 acres 29 guntas pursuant to a registered partition deed dated 01.01.2003.

(3.) It transpires that when the respondent herein tried to disturb the peaceful possession of the petitioner by wrongfully trespassing into the property which led to filing of O.S.No.46/2014 by the petitioner for declaration and permanent injunction. In the suit, the petitioner filed an application under Order XXVI Rule 9 of Code of Procedure Code , 1908, for appointment of the Court Commissioner, which was allowed and a surveyor was appointed as the Commissioner to conduct survey with regard to the claim of the parties and submit a report to the Court.