SUREKHA G. MALGHAN Vs. B. S. VENUGOPAL

JUDGEMENT

(1.) This petition by the defendant No.6 in O.S.No.3359/2019 is directed against the impugned order dtd. 26/5/2023 passed by the 39th Addl. City Civil and Sessions Judge, Bangalore, whereby the application I.A.6 filed by the 1 st respondent - plaintiff under Sec. 151 CPC to conduct local inspection was allowed by the trial court.

(2.) Heard learned Senior counsel for the petitioner and learned counsel for the 1st respondent - caveator and perused the material on record.

(3.) The material on record discloses that the 1st respondent - plaintiff instituted the aforesaid suit against the petitioner - 6 th defendant and other defendants for permanent injunction and other reliefs in relation to the suit 'A' schedule property and suit 'B' schedule property. The suit 'A' schedule property and suit 'B' schedule property are the lands situated in Sy.No.20 Vasanthapura village, Uttarahalli hobli, Bengaluru south taluk, Bangalore. Prior to institution of the present suit in the year 2019, the plaintiff and his father preferred W.P.Nos.22642-643/2017 in relation to a land situated in Sy.No.5 of Bikasipura village, Uttarahalli hobli, Bangalore south taluk, measuring 1 acre out of 12 acres 21 guntas. In the said petition, the petitioner and its dealer the Indian Oil Corporation (for short 'the IOC') is arrayed as respondents 4 and 5 and both as defendants 5 and 6 and they are contesting the petition. In the said petition, this Court passed an order dated 04. 12.2017 and directed survey to be conducted in relation to the portion of Sy,No.5 allotted in favour of the IOC, which reads as under:-