ANNAPPA MESTHA Vs. MUTAYYA ACHARI

JUDGEMENT

(1.) THE petitioner in this petition under Section 115 of the CPC seeks to challenge the order dated 7-11-2001 passed by the Principal Civil Judge, kundapura on I. A. No. IX in O. S. No. 808 of 1987.

(2.) THE petitioner-plaintiff filed application I. A. No. IX under Order 26, Rule 9 of the CPC read with Section 151 of the CPC for appointment of Commissioner to visit the suit schedule property, note the details of work done and to submit a report. The suit as originally filed by the plaintiff was one for declaration and permanent injunction. Later on the suit came to be amended by alleging encroachment of plaintiffs property and the claim for possession of the encroached property was also added to the original prayer of declaration and permanent injunction. By LA. No. IX the petitioner-plaintiff sought for the appointment of the Commissioner to ascertain the exact extent of encroachment by the defendant. The Court below declined to grant the prayer in I. A. No. DC Hence, the present revision petition.

(3.) I have heard the learned Counsel for the petitioner. Respondent, though served, is unrepresented.