TIPPUSULTHAN Vs. EXECUTIVE ENGINEER

JUDGEMENT

(1.) This petition is directed against the impugned common order dtd. 27/2/2018 passed on I.A. Nos.1 and 2 in R.A. No.67/2015 by the Additional Senior Civil Judge, Haveri, whereby the said applications filed by the petitioners/appellants under Order XVIII Rule 18 of CPC to inspect the suit schedule property and under Order XXVI Rule 9 of the Code of Civil Procedure, 1908, for appointment of Court Commissioner to conduct a local inspection of the suit schedule property were rejected by the first Appellate Court.

(2.) Heard the learned counsel for the petitioners, the learned counsel for respondent No.1 and the learned High Court Government Pleader for respondent No.2- State.

(3.) The material on record discloses that the petitioners/plaintiffs instituted two suits in O.S. No.37/2014 and 38/2014 against the respondents/defendants for permanent injunction and other reliefs in relation to the suit schedule immoveable properties. The said suits having been dismissed by the Trial Court, the petitioners/plaintiffs preferred appeals in R.A. No.67/2015 and R.A. No.110/2014 which are pending before the first Appellate Court. During the pendency of the appeals, the petitioners having filed the aforesaid applications, the same came to be rejected by the first Appellate Court by the impugned order which is assailed in the present petition.