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Judgment
S. Abdul Nazeer
In this case, the petitioner-plaintiff has called in question the validity of the order on I.A.No. 7 dated 26.3.2012 in O.S. No. 4955/2009 on the file of the 44th Additional City Civil and Sessions Judge, Bangalore, whereby the application filed by the respondent-defendant for appointment of a Commissioner for local investigation has been allowed. Having heard the learned counsel for the petitioner, I do not find any merit in this writ petition. The suit filed by the plaintiff is for injunction restraining the defendant from his peaceful possession and enjoyment of the sites bearing Nos. 32 and 33 situated at Amruthahalli Village, Bangalore North Taluk. According to him, the said sites were carved out of Sy. No. 96 of Amruthahalli Village, Bangalore North Taluk. The contention of the defendant is that he is the absolute owner of the property bearing Sy. No. 97/3 measuring 1 acre 21 guntas situated at Amruthahalli Village and that the suit schedule properties are situated within the limits of Sy. No. 97/3 and not within Sy. No. 96. That is why, he has filed an application for appointment of a Taluka Surveyor for surveying the lands in question. The Court below, on proper consideration of facts and circumstances of the case, has rightly allowed the application in order to elucidate the dispute in controversy. I do not find any error in the order. The writ petition is dismissed accordingly. No costs.