SHANKAR Vs. BHIMARAYA

JUDGEMENT

(1.) Sri.Mahantesh Patil., learned counsel for the petitioner and Sri.Shivakumar Kalloor., learned counsel for the respondent have appeared in person. The captioned Writ Petition is filed seeking a Writ of Certiorari to set aside the order dtd. 1/1/2019 passed by the learned Senior Civil Judge, Aland on I.A.No.III in M.A.No.8/2018 vide Annexure-H.

(2.) For the sake of convenience, the parties shall be referred to as per their status and ranking before the Trial Court. The plaintiff filed a suit on the file of Addl. Civil Judge & JMFC, Aland in O.S.No.19/2018 and an application under Order 39 Rule 1 and 2 of CPC was also filed. The Trial Court vide order dtd.:19/6/2018 rejected the application. However, the Trial Court observed that the dismissal of the application would not enable the defendant to construct after 'ACB' wall of the plaint sketch or 'AB' wall of written statement sketch. This order was challenged by plaintiff before the Appellate Court in M.A.No.08/2018. In the said appeal, plaintiff moved an application in I.A.No.III under Order 39 Rule 1 & 2 of CPC. The Appellate Court vide order dtd.:1/1/2019 dismissed the application - I.A.No.III. It is this order that is called into question in this Writ Petition on several grounds as set out in the Memorandum of Writ Petition.

(3.) Learned counsel for the petitioner and the respondent have urged several contentions.