B . N . CHANDRASEKHAR Vs. SRI. M . KRISHNAPPA

JUDGEMENT

(1.) Heard the arguments of the learned counsel. Though the matter is listed for preliminary hearing, with consultation of both the sides, this matter is taken up for final disposal.

(2.) Heard the learned counsel for the writ petitioner - defendant and also the arguments of the learned counsel appearing for the defendant -plaintiff. This writ petition is filed by the defendant being aggrieved by the order passed by the Trial Court rejecting the application filed by the defendant under Order 26, Rule 1 of CPC, seeking to appoint the Court Commissioner.

(3.) Learned counsel during the course of arguments made a submission on earlier occasion also that the defendant filed a similar application seeking appointment of Court Commissioner and which was objected by the other side and the Court passed the order that the said application is premature. Challenging the said order, the defendant preferred MFA. 4827/2015 and this court directed the Trial Court to dispose of the suit within 12 months from the date of receipt of copy of this Order.