K M CHIKKABADAPPA Vs. C KRISHNAPPA

JUDGEMENT

(1.) In this writ petition under articles 226 and 227 of the Constitution of India, the petitioner has called in question, the order dated 3-9-2013, passed by the trial court in O.S. No. 183/2010 on I.A. filed under Order XXVI, Rule 9, of CPC vide Annexure 'A'. By the impugned order at Annexure-A, the trial court has rejected LA. filed under Order XXVI, Rule 9, CPC.

(2.) Aggrieved by that, the petitioner has filed this writ petition.

(3.) Briefly stated the facts are: The petitioner has filed suit in O.S. No. 183/2010 for declaration of right of pre-emption and cancellation of the sale deed dated 31-10-2009 executed by the first respondent in favour of the second respondent. In the said suit, at the stage of arguments, the petitioner has filed application for appointment of the Court Commissioner. The trial court has rejected the application. Therefore, the writ petition.