THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 8.12.2020 ON AN APPLICATION FILED UNDER ORDER 26 RULE 9 OF CPC MARKED AT ANNEXURE-E FILED IN O.S.NO.46/2014 ON THE FILE OF THE CIVIL JUDGE AND JMFC AT BAGEPALLI AND ALLOW THE APPLICATION FILED UNDER ORDER 26 RULE 9 OF CPC FILED BY THE PETITIONER HEREIN & ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

ORAL ORDER

This petition is filed challenging the order dated 08.12.2020 passed in OS.No.46/2014 by the Civil Judge and JMFC, Bagepalli (for short ‘the trial Court’).

2. Sri.Manoj M. Naik, learned counsel appearing on behalf of Sri.A.Nagarajappa, learned counsel for the petitioner submits that the petitioner has filed a suit seeking the reliefs of declaration, permanent injunction and mandatory injunction against the respondent. In the said suit, the respondent filed a detailed written statement and contested the proceedings. After conclusion of the trial, the petitioner filed an application seeking appointment of a Court Commissioner, which came to be rejected by the trial Cour