The petitioners/defendants in O.S.No.230//2012 on

the file of First Additional Civil Judge and JMFC, Malavalli,

are before this Court, being aggrieved by the Order dated

03.06.2022, where by the application filed by the

respondent/plaintiff under Order XXVI Rule 9 was allowed

and a Commissioner was appointed for local inspection

and the petitioners/defendants have also challenged the

order passed on IA.No.24 dated 06.02.2023 rejecting the

application filed by them under Order 47 Rule 1 of CPC.

Heard learned counsel Sri. Arun Bangera for

petitioners and perused the writ petition papers.

Learned

counsel

for

petitioners/defendants

would submit that, the respondents/plaintiffs filed an

application under Order XXVI Rule 9 of CPC praying to

appoint a Commissioner for local inspection to measure

the property and to identify the encroachment and illegal

construction of defendants. The said application was

opposed by the petitioners/defendants by filing objections

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stating that, appointment of Commissioner would not be

necessary when the suit is posted for arguments. It is

submitted that, the application for appointment of

Commissioner is filed to create some evidence and to

ha