ABDULKHADAR Vs. MAMATAJBEJUM

JUDGEMENT

(1.) This petition is directed against the impugned order dtd. 9/10/2019 passed in O.S.No.239/2013 on the file of III Addl. Civil Judge and J.M.F.C., Dharwad whereby the report dtd. 13/6/2018 of the Court Commissioner appointed by the trial Court for the purpose of carrying out local inspection was accepted by the trial Court.

(2.) Heard learned counsel for the petitioners and learned counsel for respondent No.9 and perused the material on record.

(3.) The material on record discloses that respondent No.1 instituted the aforesaid suit for permanent injunction and other reliefs in respect of the suit schedule immovable property in which the petitioner was arrayed as defendant No.2 and he is contesting the suit. Pursuant to order dtd. 25/2/2017 allowing I.A.No.4 filed by respondent No.1-plaintiff, a Court Commissioner was appointed by the trial Court who conducted the local inspection/survey on 24/1/2018 and submitted his report on 13/6/2019. It is the grievance of the petitioner that he was not notified about the joint survey to be conducted on 24/1/2018 and consequently he could not be present there at the time of inspection by the Court Commissioner and consequently impugned report dtd. 13/6/2019 deserves to be set aside. Respondent No.1-plaintiff opposed the said request interalia contending that the petitioner was actually notified about the survey to be conducted on 24/1/2018 and the petitioner-defendant No.2 deliberately remained absent on account of which the Court Commissioner proceeded to carryout commission work. After hearing the parties, the trial Court rejected objections of the petitioner and proceeded to accept the Commissioner's report, aggrieved by which the petitioner is before this Court by way of present petition.