ORAL ORDER

"Quashing the order dated 01.07.2019 passed on I.A.No.8 in O.S.No.190/2016, vide Annexure-A passed by the court of II Addl. Senior Civil Judge and JMFC at Davanagere and consequently allow and grant the reliefs prayed for in I.A.No.8 vide Annexure-D."

3. It is further submitted that the petitioners have filed an application for appointment of City Surveyor as Court Commissioner for local inspection to measure the suit schedule property and the adjacent property to find out the encroachment. The trial Court rejected the said application on the ground that there is sufficient material on record to decide the dispute between the parties and also in the earlier suit filed by the petitioners, an application for appointment of Court Commissioner was allowed and the Court Commissioner's report indicates that there is no encroachment. It is submitted that the suit filed by the petitioners on earlier occasion is different and the cause of action in both