LAWS(KAR)-2019-2-347

A. PAUL RODRIGUES Vs. DOLPHY SALDANHA

Decided On February 04, 2019
A. Paul Rodrigues Appellant
V/S
Dolphy Saldanha Respondents

JUDGEMENT

(1.) The petitioner has challenged the order dated 12.10.2018 passed on I.A.Nos.3 and 7 in O.S.No.226/2014 on the file of the Principal Civil Judge and JMFC, Mangalore, Dakshina Kannada.

(2.) The petitioner has filed a suit for permanent prohibitory injunction against the respondents alleging encroachment upon his property and constructing the compound wall. In the said proceedings, the respondents herein have filed I.A.Nos.3 and 7 seeking the appointment of the Court Commissioner to fix the boundaries of the property in dispute. The petitioner objected to the same.

(3.) On analyzing the material facts, the Trial Court allowed the said applications appointing an advocate of the Bar Association, Mangaluru as the Court Commissioner. Hence these writ petitions.