( 1 ) THE Revision filed against the order on I. A. Xl in OS No. 22 of 1995, by the Additional Civil Judge (Junior Division) Belgaum. After the conclusion of the evidence in the suit, the plaintiff made an application under I. A. Xl for appointment of a Commission under Order 26 Rule 9 CPC to appoint a competent surveyor to survey and measure the property in RS 6/3d which is the subject matter of the suit. The suit is filed for injunction against the defendants not to interfere with the peaceful possession and enjoyment of the property. The trial Court has allowed the request and appointed a city surveyor as the Commissioner to survey the property and to prepare a sketch and to submit a report.

( 2 ) AFTER hearing the Counsel for the petitioner, I find no merit in the revision to interfere with the order in question which is a discretionary order passed by on the basis of material available before the Trial Court. In a suit for injunction, when there is contest between the parties regarding the encroachment of the property or otherwise and when the correct extent and boundaries of the property are in dispute, it is just and necessary that a survey has to-be conduct