IQBALUNNISA Vs. CHAND PASHA

JUDGEMENT

(1.) This petition by the defendant Nos.3 and 4 in O.S.No.120/2015 on the file of the Civil Judge and JMFC, Nagamangala (for short, 'the trial Court') is directed against the impugned order passed on I.A.No.IX whereby, the said application filed by the respondent No.1-plaintiff under Order XXVI Rule 9 of the Code of Civil Procedure, 1908 for appointment of a Court Commissioner to conduct local inspection of the suit schedule property was allowed by the trial Court.

(2.) Heard learned counsel for the parties and perused the material on record.

(3.) A perusal of the material on record will indicate that the respondent No.1-plaintiff instituted the aforesaid suit against the petitioners-defendant Nos.3 and 4 and respondent Nos.2 and 3-defendant Nos.1 and 2 for declaration, mandatory injunction and other releifs in relation to the suit schedule immovable property. It is the specific contention of the plaintiff that the respondent No.1 had encroached a portion of the suit schedule property on its Eastern side. The said suit is being contested not only by the defendant No.1 but also by the petitioners herein. Prior to commencement of trial, the respondent No.1- plaintiff filed an application (I.A.No.IX) for appointment of a Court Commissioner, which came to be allowed by the trial Court. Aggrieved by the said order, the petitioners are before this Court by way of the present petition.