NANJUNDAPPA Vs. K. R. MALLIKARJUN

JUDGEMENT

(1.) This petition is directed against the impugned order dtd. 11/4/2022 in O.S.No.515/2014 by the II Additional Civil Judge and JMFC, Arsikere (for short, 'the trial Court') whereby, the application (I.A.No.VII) filed by the petitioner- plaintiff under Order XXVI Rule 9 of the Code of Civil Procedure, 1908 seeking appointment of a Court Commissioner to conduct local inspection was rejected by the trial Court.

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

(3.) The material on record discloses that the petitioner-plaintiff instituted the aforesaid suit for declaration, permanent injunction and other reliefs in relation to the suit schedule property and the said suit is being contested by the respondents-defendants. After conclusion of trial, the petitioner-plaintiff filed the instant application seeking appointment of a Court Commissioner and the same having been opposed by the respondents- defendants, the trial Court proceeded to pass the impugned order rejecting I.A.No.VII, aggrieved by which, the petitioner is before this Court by way of the present petition.