Karnataka High Court: A Single Judge Bench comprising of S.G. Pandit, J. while hearing a petition praying for appointment of Court Commissioner, held that a property dispute seeking injunctive relief does not require determination of age of the suit property.
Petitioner, who was plaintiff in a property dispute, filed an application in lower court under Order XXVI Rule 9 of the Code of Civil Procedure, 1908 for appointment of Court Commissioner to ascertain age of the suit property. The trial court rejected this application and aggrieved thereby the instant writ petition was filed.
Petitioner contended the age of building to be over 25 years but the respondent submitted that it was constructed only 2 years before filing of the written statement. Submission on behalf of the petitioner was that appointment of Commissioner is, therefore, necessary to ascertain the age of building at suit schedule.
The Court held that the suit filed in lower court was for injunction and it was for the petitioner to establish his possession over the suit schedule property by producing cogent evidence before the court. It was not necessary to determine the age of building situated at the suit schedule as the same was of no consequence to the relief sought for by the petitioner in the pending suit.
Accordingly, the writ petition was dismissed.[B.M. Ramasubba Reddy v. B.R. Venkataravanappa, 2018 SCC OnLine Kar 2213, decided on 09-11-2018]
