SHIVANNA Vs. PUTTAMMANI

JUDGEMENT

(1.) Challenging order dtd. 3/10/2017 (Annexure - F) passed by Civil Judge & JMFC., Periyapatna, in O.S.no.308/2017 on I.A.no.V, this writ petition is filed.

(2.) Sri. Rohit Gowda, learned counsel for petitioners submitted that this writ petition was filed by defendants no.1 to 4 in O.S.no.308/2017. Said suit was filed by respondents (plaintiffs) seeking for relief of bare injunction against interference over suit schedule property.

(3.) In said suit, plaintiff had filed I.A.no.I under Order XXXIX Rules 1 and 2 of CPC for temporary injunction restraining construction work on suit property by defendants. It was submitted that before pronouncement of order on I.A.no.I, plaintiff filed present application i.e., I.A.no.V under Order XXVI rule 9 of CPC for appointment of Court Commissioner for local investigation to find out whether construction being undertaken by defendants would fall within suit property.