Karnataka High Court
Sri. Shivalingaiah, vs Sri. K.M. Leela on 24 February, 2012
Author: Subhash B.Adi
Bench: Subhash B.Adi
ee | 1 SRL KM. LEELA SENS FET GWE WP DARMAIANMA FGM CUUKE OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COUE pros IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 24™ DAY OF FEBRUARY, 20 M2 BEFORE THE HON'BLE MR.JUSTICE SUBHAS SH 8. ADE IT PETITION NQ:10921/ 3011 (aM-CRS) oo BETWEEN SRI. SHIVALINGA Al 8/O RAM AGED 82 YEARS, R/O BALADARE VILLAGE, 0 GANA HOBLIL, CHANNARAYAPATNA TALU K, BY HIS G.P.A. HOLDER :
SRL B.S. KUMAR, -.. 8/ Oo SHIVALILNGAIAH, MAJOR, ~:
R/O BALADARE 2 VILLA GE, . CHAN NARAYAPAT: HA TALU Kk. . PETITIONER (BY SRE: VENKA HSH R BHAGAT, ADY. - .. W/O ASHOK, MAJOR "RIO ULAYAPURA VILLAGE, ed ay Sat BI
2) EMAINENOEE GRISEA TEESE D Got TE WT URC ARE, PG WUE Gr KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT 5/O BOREGOWDA, MAJOR, R/O UDAYAPU RA VILLAGE, w/o BOREGOWDA, § M R/O UDAYAPURA (BY SRI B ROOPESHA, ADV., FOK Ra & 4;
SRI. GIRISH BB BALADARE 1 ADV., FOR Ri a THIS WRIT PETITION i ¥ FILED pieaak ARTICLES 226 AND 227 OF THI. CONSTITUTIGN OF INDIA, PRAYING TO CALL FOR 'iy. maton INOS NO.245/2002 ON THE FILE OF *. . LEARNED SD. SENIOR CIVIL JUDGE, HANHARAYAPATNA iN Rate a WITH IMPU ORDER 'AT. ANNEXURE.- -A-AND TO QUASH THE ORDER DATED 2 2. 2011 ON LA. 26-IN O8 NO. 245/2002 PASSED BY THE LEARNED 2ENIOR CIVIL JUDGE, CHANNARAYAPATNA _ AT ANNEXURE-A AND TO ALLOW IA.26 FILED UNDER '\ ORDER 26 RULE 9 OF CPC POR APPOR [ENT OF COURT co ISSIONER BY ALLOWING THIS WRIT PETITION WIT COSTS } THROUGHOUT;
HIS PETITION COMING ON FOR PRELIA NG IN 8' GROUP THIS DAY, THE COURT MADE THE BS TT a eM RET. T UUE UP KARNATAKA MIGH COURT OF KARNATAICA MIGH COU! "game surveyor, it is open to the petitioner to ay C4 Sel The petitioner in this writ petition has called in Py Pe Re BN question the order dated 02.02.2011 on LA.No:26. i ae es O.8.N0.245/ 2002.
2. LA.No.26 was fil * eos See | Pye . . -- Mg under Oruer-26 Rule 9 ef CPC for appointment of Commissioner. The Trial Court - hae rejected the said applicatioi:. Plaintiff ie claiming 4 acres in Sy.No.14. It is nota case of the plaintiff that Sy.No.14 measures 4 acres, but.it meesures 10 acres. He does not atate.as.to how the area of 4 acres is sured arid alse dose not knew to which side it falls. It is for the aakid- purpose, the petitioner wants Commissioner to be appointed.
3. Na doubt, earlier Commissioner was appointed 2 had 3 d the property of the respondents. Nevertheless, if the petitioner wants to survey from the proper application before the Trial Court and if the Trial ns en EMAIENATI SGT E WORE WP RARNAIARA MIG COUKET OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT i 4 oS 2& se 48 ¥ deae Sh S24 2 Fe ee 4h Court finds that further enquiry by surveyor is necessary it may pase the order accordingly. gly, with the above observa ations and liberty the writ petition is dismissed. Tt he Teal Court ig ¥s el also directed to expedite the trial: ae Gar ly as po@aible. ~ we . ..
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