K RAGHUNATH RAO Vs. TUMULA JAILAXMI

JUDGEMENT

(1.) In this Civil Revision by the defendant the order appointing a Commissioner in exercise of the power under O.26, R.9, C.P.C. is assailed.

(2.) Plaintiff's suit as it stands at present is for mandatory injunction to the defendant for removal of a wall constructed by the defendant obstructing his passage. The case of the defendant is that the land which is claimed by the plaintiff to be a passage is a part and parcel of his backyard which was not used by the plaintiff as a passage. There is no dispute as to the disputed land belonging to different plot numbers.

(3.) Before evidence was adduced in the suit, plaintiff filed an application for appointment of a Commissioner for local investigation. In spite of resistance by the defendant, the prayer was allowed. The following order was passed :