K C PILLA MADAPPA Vs. M SHILPAKALA

JUDGEMENT

(1.) The present petitioners who are the respondents in FDP 141/2018 have filed the present writ petition against the order dated 14.02.2019 appointing Mr. Anil Kumar K.S., Surveyor, Office of the ADLR, Bengaluru East Taluk, K.R.Puram, Bengaluru, as the Court Commissioner in view of the memo filed by the petitioner-plaintiff and issuing Commissioner Warrant.

(2.) The respondent herein who is the plaintiff before the trial court filed O.S.No.1070/2016 for partition and separate possession. The trial court by judgment and decree dated 28.06.2018, decreed the suit holding that plaintiff is entitled to 1/3rd share, which was the subject matter of RFA No.1527/2018. This court by the order dated 14.09.2018 granted stay of drawing of final decree proceedings. On 29.09.2018, the respondent filed FDP No.141/2018. Thereafter, the present petitioners have appeared in FDP proceedings and filed an application under Section 54 r/w 151 CPC, to appoint a suitable person as Court Commissioner for effecting division of the properties specified in the schedule into three equal shares and allot 1/3rd share to the plaintiff. The trial court by an order 14.02.2019 appointed Mr. Anil Kumar K.S., Surveyor, Office of the ADLR, Bengaluru East Taluk, K.R.Puram as Court Commissioner for division of the properties. Hence, the present writ petition is filed.

(3.) I have heard the learned counsel for parties.