RAMACHANDRAPPA Vs. SIDDAPPA MURIGEPPA BALIKAYI

JUDGEMENT

(1.) The petitioner being aggrieved by the order dtd. 14/9/2021 passed in O.S.No.267/2016 on the file of Addl. Civil Judge and II Addl. J.M.F.C., Ranebennur, has filed this writ petition.

(2.) Brief facts leading raise to filing of this writ petition are as under: The petitioner filed a suit in O.S.No.267/2016 seeking for relief of declaration to declare that he is the owner of the suit property and for permanent injunction. The respondents filed written statement denying the averments made in the plaint. The trial Court framed the issues. The trial Court recorded the evidence of the parties. The petitioner and respondents jointly filed a memo to appoint the Taluka Surveyor, Ranebennur as Court Commissioner to measure the suit property and to fix the boundaries. As per the joint memo filed by the parties, the trial Court passed an order appointing Taluka Surveyor, Ranebennur, as Court Commissioner. The Court Commissioner, after the inspection, submitted a report. The petitioner filed objection to the Commissioner's report. Thereafter, the Commissioner was cross-examined. It is the case of the petitioner that the trial Court has accepted the Commissioner's report vide order dtd. 14/9/2021. Being aggrieved by the same, the petitioner has filed this writ petition.

(3.) Heard the learned counsel for petitioner and learned counsel for respondents.