S. Sujatha, J.

1. This is the second round of litigation as regards appointment of Commissioner, the dismissal order passed on the application filed by the 2nd defendant in O.S. No. 540/2008 on the file of Addl. Civil Judge & JMFC, Channarayapatna is challenged herein.

2. The facts in brief are that:

"- one Nanjegowda sold property bearing No. 26/2A9 (old No. 26/2) measuring 3 guntas in favour of brother of plaintiff Sri C S Suresh Kumar on 3.10.1994. Subsequently, in the family partition that had taken place between the family members, the suit schedule property is said to have fallen to the share of the plaintiff. The 2nd respondent executed a sale deed in favour of the husband of the petitioner K S Thimmegowda bearing property No. 26/A1 on 06.10.2007. Respondent No. 1 has filed O.S. 540/2008 for declaration and permanent injunction against the defendants in respect of property bearing No. 26/2A9 measuring 3 guntas. The petitioner/2nd defendant after appearance filed written statement denying the plaint averments and categorically stated that the 2nd respondent has executed a sale deed in favour of the husband of the petitioner K.S. Thimmegowda bearing property in Sy. No. 26/