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2025 Supreme(Online)(KAR) 7085

HIGH COURT OF KARNATAKA
SMT. JUSTICE LALITHA KANNEGANTI, J
SMT BHARATHI – Appellant
Versus
SMT SHASHIKALA – Respondent


Petitioner Advocates:,Respondent Advocate: K VENKATESH FOR R2

ORAL ORDER

Aggrieved by the orders passed on I.A.No.13 in O.S.No.968/2009 dated 19.08.2018 by the XIV Addl. City Civil Judge at Bangalore [CCH No.28], the plaintiff is before this Court.

2. The plaintiff had filed the suit seeking permanent injunction restraining the defendants, their agents, servants interfering with the plaintiffs' peaceful possession and enjoyment of the suit schedule 'A' property and to issue a mandatory injunction directing the defendants to remove the compound wall put up by them on the encroached portion of the 'A' schedule property which is described at 'B' schedule property and put the plaintiff into possession. The suit is of the year 2009. After the entire evidence is let in and the matter is posted for arguments, at that stage, an application - I.A.No.13 came to be filed seeking appointment of the Commissioner to measure the entire suit schedule property and the defendants property, which came to be dismissed by the Court by the order impugned wherein the trial Court has observed that - present IA is filed by the applicant after completion of the evidence of both the parties and at the stage of argument to measure the entire suit schedule property of the

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