WP 1 5862{2008
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 1573 DAY OF DECEMBER, 2008
BEFORE-
THE HOIWBLE MR'.JUS'I'ICE B.S.PATIL....__ 'V
wan' PETITIOII Noassegzzoos (est!/K:'t31§V'~V.: '" H
BETWEEN:
SR1 HJSHWAR,
AGED ABOUT 51 YEARS,
sfo LATE SUBBANNA,
SANTHYARA HOUSE, ,V
PADANGADY VILLAGE AND POST, ,_
BELTHANGADY TALUK. 7 - 1 " .{P'E'I'I'1'IONER
(BY SR1 K.SHASHIKAN'I'H PRASAD, ;'s.:f)\s'.} _
AND:
SMT. VIJAYA: LAXME. R'-AO,_ ..
AGED ABGUT46 *1'-EARS,
w/o ANAN£}gRAO, '
SANTHYARA HOUSE,
PADANGADY wLm{3E',
. gELT»1~£xNQADVY TALUISZ .... \' » ..RESPONDENT
' "*:'1~«11"£3f PE}'i'ITION IS FILED UNDER ARTICLES 226 85 227 OF'
OF ENDIA PRAYING TO QUASH THE ORBER DT.
4--.---12v..*2.o{)s.. fPASS13)!}v*'BY THE COURT OF' CIVIL JUDGE (.JR.DN.),
BEi~THANGAD Y DISMISSING THE APPOINTMENT OF
COMMISSIONEE3: APPLICATION IN I.A.NO.5 UNDER ODER 26 RULE 9
'AND "SEC'.I'ION 151 CPC IN O.S.NO.190/2002 WHICH WAS
'?RODUCED¥ AS ANNEXURE-D AND CONSEQUENTLY ALLOWED
_ " "THif?«__ WRIT PETITEON BY ALLOWING} I.A.NG.6 FILED IN
V' "O".S,NC');l90/2002.
THIS PETHTIQN COMING ON FOR' PRELIMINARY HEARENG,
% f *m:§s ma', THE comm' MADE THE FOLLOWING;
WP 13862 [2008
2
ORDER
1. Prayer made by the petincner who is the defendant before
the court below seeking appointment of Court Comnliseionevr to
conduct local inspection of the suit schedule
re]-’10I’t the same is Ifijected by the <20'-_c1¥.".t.. bf:10"v?é" " = 'V
2. The court below has held tieitigjionielifotj
injunction, if the defendant’ ‘ but
Commission for local inspection’-.,:an(i the
location and existence it will amount to
permitting him to .coI}ectAc*v’itl.<§nce,' has further
found that ofjCour;1; Commissioner was not
necessaxj having the facts. and circumstances of
the case. _ In of the court below, the application was
imadue defendnntl at the stage of final arguments only to
delaylltnefpxneeeylings.
_ 4 3. A do not Afind any illegality or error of jurisdiction in the
“‘~._l:orjder by the court below to warxant tinterfenence in the
_ “wrsi._iu::iseiceon.
Hence, this writ petition being devoid of merits is
” V dismissed. However, it is open to the petitioner to urge
WP 1586.’2{200-3
necessary grounds in, the appeal in this regard, in ease’.-fhe
judgment in the suit goes against him.