The petitioner-plaintiff in O.S.No.6194/2003 on the

file of the V Additional City Civil and Sessions Judge,

Bengaluru, is before this Court, aggrieved by rejection of

I.A.No.18 filed under Order 26 Rule 9 of the Code of Civil

Procedure, 1908 (for short 'CPC') for appointment of the

Commissioner to measure the suit schedule property as

well as to measure the property of defendant No.2.

Heard Sri. R.Chandra Kumar, learned counsel

for the petitioner and Sri. N.R.Harish, learned counsel for

respondent No.1 as well as Sri. Arjun.R.Khot, learned

counsel for caveator/respondent Nos.2, 3 and 4. Perused

the writ petition papers.

Learned counsel for the petitioner would submit

that the suit of the petitioner/plaintiff is one for permanent

injunction restraining the defendants/respondents from

interfering/putting up the fencing stones into peaceful

possession and enjoyment of the suit schedule property

and to declare that the plaintiff is the absolute owner, in

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possession and enjoyment of the suit schedule property.

Learned counsel for the petitioner would submit that at the

stage of arguments, the petitioner-plaintiff filed I.A.No.18

under Order 26 Rule 9 of CPC, praying to app