DODDAMMA Vs. EREGOWDA S/O RAMEGOWDA

JUDGEMENT

(1.) HEARD the learned counsel for the parties.

(2.) IN this writ petition and under Articles 226 and 227 of the Constitution of India, the petitioners have called in question, the order dated 27.03.2012, passed by the Trial Court in O.S.No.230/1999 on I.A. filed under Order 26 Rule 9 r/w Section 151 of CPC. By the impugned order, the Trial Court has allowed the application filed by the respondent for appointment of the Court Commissioner.

(3.) THE petitioners have filed suit in O.S.No.230/1999 for declaration, to declare that the order passed by the Assistant Commissioner, Hassan, in R.A.No.187/1995-96 is not binding on the plaintiff and for permanent injunction. In the said suit, the respondent filed an application for appointment of the Court Commissioner. It was allowed. It was challenged in W.P.Nos.1490-91/2009. This Court allowed the writ petitions and made it clear that the respondent may renew the application at appropriate stage. After, recording evidence, the respondent has filed application for appointment of the Court Commissioner. The Trial Court has allowed the application. Therefore, this writ petition.