IN THE HIGH coma' OF KARNATAKA AT BANC%..A.:l',A&:T'$I_''<f:';§37 "
DATED THE 3TH DAY OF JULY.V2('3'f.):'3 T
BEFoREssg.dj%h_%
THE HON'BLE MR.JTJST1CE d' %
wnrr PETITION No. L d d
BETWEEN: s
Gllijaya, i
W'/'0 V.M.Raju, ab0iiii"4Q
No. 144, Govirldmf' 'C,oi"!1D¢'Jund}' As
Banashankaifii M:.é;i_:n
V .... d ...Pctitioncr
2 ' Advocate)
AND: d
s Siddalingcgowda,
, 23 years.
._ @ Siddalingcgowda,
' 55 years.
Both I'/a Banashankari Nagara,
* .Ba.r13'.shankari Main Road,
I . . Respondents
‘T Writ Petition filed under Articles 226 and 227 of the
_’4_4’4§’?onstitution of India praying to quash AI]I’I€X11I’¢:”:-A dated
30.5.2009 passed in 0.S.No.144/2004 on the_.Afflelof’the je.01:art
ofll Addl. Civil Judge (Jr.Dn.) 8sJ.M.F’.C., .
This petition coming on for tiomst
day, the court made the following
The [)etitioner–131&*;Erltlt’f’ has the quagnmg of the
order dated 30.5.2009 the Court of I!
Add}, Judge::.l§J_r.Dh.) on the 1.1%.,
filed under?” 9′? of the C.P.C., in
2. ‘Il’he:_lfaotS”–of in brief are that the petrffioner
__filed suit the relief of mandatory injunction
ff’-S_p011dents~defendants to remove the illegal
on the rival pleadings, issues came to be
t A % the sides have completed their side of
. When the matter is set down for arguments, the
filed the LA. for appointment of the Court
“-«Coitimissioner for measuring and demaxeatmg the suit
echedule property elucidating that the respondents have
made any encroachment in the suit schedule This
LA. was dismissed by the Trial Court, by
30.5.2009.
3. Aggrieved by the said order, ‘wfi:iipeseottiissse1′
Shri Ponnappa, the learned fora’;
submits that the Court i_ to be
appointed for n1easm’iIig.’the ‘isuij property and for
ascertaining that have made the
encroachinente submits that as the
argurnents on Qijziatter have not yet commenced,
there A59, no in appointing the Court
. 1ii%;gavejg;oi1c through the LA. and the aflidavit med in
V its petitioner does not account for the delay in
thisapplieation. It is filed at a late stage. That apart, if
Commissioner is called upon to ascertain whether
‘ A ” is any encroa’ chment, it amounts to Court’s power being
given to the Court Commissioner. Further, the Court
HEM.