ORDER :

1. This captioned writ petition is filed challenging the order dated 20.02.2019 passed on I.A.No.V in O.S.No.599/2014 by the II Additional Civil Judge and JMFCIII, Hubballi at Hubballi vide AnnexureF.

2. The 1st respondent has filed a suit for declaration and for consequential relief of possession. The plaintiffs have specifically contended in the plaint that the plaintiffs are seeking possession by way of consequential relief. Defendants are seriously disputing the title and they are claiming that it is their property. The properties of the plaintiffs and defendants are abutting to each other. The plaintiffs have contended that the properties were got measured by elders without having recourse to an authorized surveyor by the State. Since a relief of possession is sought, the plaintiffs in order to secure best piece of evidence by having recourse to local inspection, has filed the present application.

3. Learned judge having examined the rival contentions, has allowed the application. The learned Judge has observed that, to secure actual factual matrix and to ascertain the alleged encroachment, it is a fit case for local inspection by appointing the Court Commissioner. Learne