ORAL ORDER

(PER: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR)

This petition by the defendant in O.S.No.252/2019 on the file of II Addl. Civil Judge and JMFC, Sindhanur, is directed against the impugned order dated 01.10.2024, whereby the application I.A.8 filed by the respondent – plaintiff under Order 26 Rule 9 CPC for appointment of a court commissioner was allowed by the trial court.

2. Heard learned counsel for the petitioner and perused the material on record.

3. A perusal of the material on record will indicate that the respondent – plaintiff instituted the aforesaid suit against the petitioner – defendant for declaration, recovery of possession and (cid:1) (cid:1) (cid:1) other reliefs in relation to suit schedule immovable property. The said suit having been contested by the petitioner – defendant, the respondent – plaintiff field an application I.A.No.8 invoking Order 26 Rule 9 CPC and sought for appointment of court commissioner to conduct local inspection of the suit schedule property. The said application having been opposed by the petitioner, the trial court proceeded to pass the impugned order allowing the application by holding as under:-

ORDER ON LA.NO.VIII

The plaintiff has fi