JAGANNATH B Vs. N C NARAYANAPPA

JUDGEMENT

(1.) This revision petition is directed against the order made on I. A. III filed by the defendant in O. S. 5354/80 on the file of the 7th City Civil Judge, Bangalore

(2.) I A. III was filed for appointment of a Commissioner for measuring and demacrating the suit schedule property with a suitable sketch attached to it. Learned Civil Judge dismissed the application on the ground that the prayer for the appointment of a Commissioner is frivolous inasmuch as the boundaries of the suit property were clear from the plaint sketch though regarding the western boundary the plaint sketch was silent. He further held that the said sketch was sufficient for the purpose of the suit.

(3.) Aggrieved by the same the revision petitioner contends that it is essential that appointment of a Commissioner be made by Court as otherwise it would be difficult to decide the matters in issue in the case.