The petitioner/plaintiff No.4 in O.S.No.254/2002 on

the file of the II Additional Civil Judge (Jr. Dvn), Bengaluru

Rural District, Bengaluru (for short, ‘Trial Court’) is before

this

Court

questioning

order

dated 15.07.2023

on

I.A.No.1/2022 rejecting the application filed under Order

26 Rule 9 of CPC.

Heard the learned counsel Sri.M.S.Nagaraja for

petitioner/plaintiff

No.4

and

learned

counsel

Ms.S.Aishwarya for Sri.Rajeshwara.P.N., learned counsel

for respondents No.1 to 3. Perused the writ petition

papers.

Learned counsel for the petitioner/plaintiff No.4

would submit that after completion of recording of

evidence, petitioner/plaintiff No.4 filed I.A.No.1/2022

under Order 26 Rule 9 of CPC praying to appoint Court

Commissioner for conducting survey of schedule property

and to prepare sketch by identifying the encroached

portion of land measuring 0.37 guntas in Sy.No.20/2 and

- 5 -

20/3 of Sonnenahalli Village, Kengeri Hobli, Bengaluru

South Taluk. Learned counsel would submit that as the

defendants have encroached western portion of the suit

schedule

property,

it

has

become

necessary

for

petitioner/plaintiff No.4 to file application for appointment

of Commissioner to find out t