This

petition

is

by

the

plaintiff

in

O.S.

No.196/2016 on the file of the Additional Civil Judge

and JMFC, Tarikere [for short, 'the civil Court']. The

petitioner has impugned the civil Court's order dated

05.11.2022, and the civil Court by this order has

rejected the petitioner's application [I.A. No. XV] under

Order XXVI Rule 9 read with Section 151 of the Code of

Civil Procedure, 1908 [for short, 'the CPC']. The

petitioner has filed this application for appointment of

an Engineer in employment with the local authority to

conduct

local

inspection

and

report

on

the

measurement of Site Nos.16 and 15a of Gallihalli

Village, Tarikere Taluk within the limits of Tarikere

Purasabha.

3

The petitioner has premised the application in the

assertion that the respondent - defendant is asserting

possession over the petitioner's property, which is site

No.16, asserting that such property is site No.15a. The

civil Court has rejected the application adverting to the

rival claims on the description of the properties and

observing that while the petitioner states that the

respondent claims title and possession of site No.15a,

the respondent actually asserts that he has purchased

site No.16. Th