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R. NATARAJ
Helen Victoria Menezes – Appellant
Versus
Premalatha – Respondent
JUDGMENT
1. The defendant in O.S.No.801/2019 on the file of the VI Additional Civil Judge (Jr.Dn.), Hassan (hereinafter referred to as 'trial Court' for short) has filed this writ petition challenging the order dtd. 18/1/2020, by which, an application filed by the plaintiff for appointment of a Commissioner for local inspection, was allowed.
2. A suit in O.S.No.801/2019 was filed for perpetual injunction to restrain the defendants from putting up any construction on the northern side of the suit property. The plaintiff claimed that the defendant was the owner of the property on the northern side of her property and that the defendant was putting up construction in absolute violation of the building plan and license without leaving any set back. The suit was contested by the defendant who claimed that she was the owner of the property bearing No.HIG-19 at KHB Colony, Kuvempunagara Extension, Hassan. She claimed that she obtained license and permission for the construction from the Competent Authority and that the construction made by her is lawful and within the property owned by her. An application filed by the plaintiff for interim injunction was rejected. Thereafter, the plaintiff
In a suit for injunction, the Court cannot appoint a Commissioner to collect evidence regarding possession, but may appoint a Commissioner for limited purposes such as ascertaining compliance with sa....
In property disputes involving allegations of encroachment, the appointment of a Court Commissioner for local inspection is crucial to ascertain the facts and resolve the dispute effectively.
The court clarified that the appointment of a Commissioner for local inspection in encroachment cases is permissible even before trial, reinforcing the report as vital evidence.
Under Order XXVI Rule 10 report of Commissioner and evidence taken by him is a piece of evidence.
The onus of proof lies on the respective parties by adducing evidence at the appropriate stage, and the court should not assist in collecting favorable evidence.
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