This Original petition is filed by the petitioner for challenging the order passed by the Commercial Court, Manjeri for having dismissed the application (I.A.No.4/2024) filed by the plaintiff/petitioner in C.S.No.10/2024 under order 26 Rule 9 of C.P.C.

2. Heard the arguments of the both counsels.

3. The case of the petitioner is that the respondent filed a suit against the petitioner for eviction from the scheduled premises based upon a lease agreement said to be executed between them on 21.01.2004 for a period of 20 years for running a petrol bunk by the petitioner. After filing the suit, the petitioner appeared and filed a written statement along with the counterclaim for claiming 35 lakhs as compensation on the ground that he has made improvements in the premises, including erecting a compound wall and a building and also leveling the site.

4. During the pendency, the petitioner, being the defendant, also filed an application under Order 26 Rule 9 of C.P.C. for appointing the commissioner to evaluate the improvement made by the petitioner, which came to be dismissed, hence the petitioner is before this Court.

5. The learned counsel for the petitioner contended that the petitioner is