C. JAYANNA S/O SANNACHIKKANNA AND SANNACHIKKANNA S/O DODDAIAH Vs. T.R. VASUDEV S/O T.M. RAMAIAH, MAJOR APMC YARD, MYSORE, T.M. RAMAIAH S/O OBALAIAH

JUDGEMENT

(1.) THIS writ petition is filed by the plaintiffs, challenging the order dated 10.8.2011, passed on LA. No. 16, filed under Order XXVI Rule 9 of Civil Procedure Code.

(2.) IT is the case of the petitioners that the suit for permanent injunction has been filed on the basis of the fact that the petitioners being in possession and enjoyment of the entire land in "ADCBGEP" measuring about 1 acre 20 guntas in Sy. No. 12P of Chikkarampura Village as shown in the plaint sketch. In the said suit, evidence of the parties has been tot -in. When the matter is at the stage of arguments, an application under Order XXVI Rule 9 read with 151 of the Civil Procedure Code was filed by the plaintiffs/petitioners seeking appointment of the Taluks Survey Supervisor as Court Commissioner to inspect, and measure the suit schedule property and fix the boundaries of the petitioners' property and to ascertain the damage caused by the respondents herein. The said application has been dismissed by impugned order. The same is as sailed in this writ petition.

(3.) IT is submitted by the Learned Counsel for the petitioners that the Trial Court has wrongly dismissed the application on the ground that the application amounts to collection of evidence, which is not correct The object of appointment of the surveyor is to determine the possession of the petitioners with regard to the suit schedule property. In support of his contention, he has relied on a decision of this Court reported in ILR 2001 KAR 5013 (Asif Kamalalar Shtrodkmr -Vs - Dudhappa Santu Patil and Another) and submits that it is a fit case calling for interference by this Court.