K M HALASWAMY Vs. MEERA D SHET

JUDGEMENT

(1.) The petitioners are before this Court under Article 227 of the Constitution of India challenging the order dated 06.07.2018 on I.A.No.8/2018 passed in O.S.No.216/2012 on the file of Principal Civil Judge and JMFC, Holalkere.

(2.) The petitioners are defendants and respondent No.1 is plaintiff in O.S.No.216/2012 which is filed for grant of permanent injunction in respect of suit schedule property i.e., vacant site No.12 measuring East to West-45 feet and North to South-35 feet situated beside Hosadurga Road near bus stand, Holalkere town. After completion of the evidence of both sides, the plaintiff filed an application under Order 26 Rule 9 read with Section 151 of CPC to appoint a Court Commissioner for local inspection of the suit schedule property on the ground that the defendants have encroached upon the suit schedule property and they have constructed the structure. The said application was resisted by the defendants by filing objection contending that there is no encroachment by the defendants. The trial Court, by its order dated 06.07.2018, allowed the application appointing the Engineer attached to the Town Panchayat, Holalkere as Court Commissioner to measure the suit schedule sites and its adjoining sites and to ascertain any encroachment on the suit schedule site. The said order is impugned in the present writ petition.

(3.) Heard learned counsel for the petitioners and perused the writ papers.