C. SHIVASHANKAR REDDY Vs. C. V. BALAJI

JUDGEMENT

(1.) This petition by the plaintiff in O.S.No.113/2010 is directed against the impugned order dtd. 16/11/2021 passed by the I Additional Civil Judge and JMFC, Kolar (for short, 'the trial Court') whereby, the application (I.A.No.19) filed by the petitioner-plaintiff under Order XXVI Rule 9 of the Code of Civil Procedure, 1908 (for short, 'CPC') seeking appointment of a Court Commissioner to conduct a local inspection for measuring, drawing sketch and fixing a boundary to the suit schedule property was rejected by the trial Court.

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

(3.) The material on record discloses that the petitioner- plaintiff instituted the aforesaid suit against the respondents- defendants for declaration, mandatory injunction, delivery of vacant possession of the suit schedule immovable property and for other reliefs. The said suit is being contested by the respondents- defendants. After completion of evidence and at the stage of arguments, the petitioner-plaintiff moved the instant application (I.A.No.19) seeking appointment of a Court Commissioner to conduct local inspection of the suit schedule property by measuring, drawing a sketch and fixing a boundary to the suit schedule property. The said application having been opposed by the respondents-defendants, the trial Court proceeded to pass the impugned order rejecting I.A.No.19, aggrieved by which, the petitioner-plaintiff is before this Court by way of the present petition.