H. Billappa, J.

1. In this writ petition under Articles 226 and 227 of the Constitution of India, the petitioner has called in question, the order dated 4.12.2013, passed by the Trial Court in O.S. No. 7969/2010 on I.A. filed under Order 26 Rule 9 r/w section 151 of CPC vide Annexure-H. By the impugned order at Annexure-H, the Trial Court has rejected the I.A. filed by the petitioner for appointment of the Court Commissioner.

2. Aggrieved by that, the petitioner has filed this writ petition.

3. Briefly stated the facts are:

The petitioner has filed suit in O.S. No. 7969/2010 for declaration, mandatory injunction and other reliefs. At the stage of evidence the petitioner has filed application under Order 26 Rule 9 r/w section 151 of CPC for appointment of the Court Commissioner. The Trial Court has rejected the application. Therefore, this writ petition.

4. The learned counsel for the petitioner contended that the impugned order cannot be sustained in law. He also submitted that the Trial Court has erred while rejecting the application. In the circumstances of the case, the Trial Court should have appointed the Court Commissioner. Therefore, the impugned order cannot be sustained