Pushpalatha D. Shetty vs Babu Santhu Poojary Advocate - P. SUGANDH KUMAR — 104/2018

Case under Section Under,Sec,26,O,VII,R,1,to,9,of,CPC. Status: commission report. Next hearing: 20th June 2026.

O.S. - Original Suit

CNR: KAUP210020162018

commission report

Next Hearing

20th June 2026

Filing Number

106/2018

Filing Date

25-09-2018

Registration No

104/2018

Registration Date

25-09-2018

Court

PRL. CIVIL JUDGE AND JMFC , KARKALA

Judge

513-I ADDL. CIVIL JUDGE AND JMFC

Acts & Sections

Section Under,Sec,26,O,VII,R,1,to,9,of,CPC

Petitioner(s)

Pushpalatha D. Shetty

Adv. SUDESH SHETTY

Rakesh D. Shetty

Vivek D. Shetty

Respondent(s)

Babu Santhu Poojary Advocate - P. SUGANDH KUMAR

Shailaja Shetty

Vijaya Shetty

Ramani Shetty

Reshma Shetty

Rekha Shetty

Hearing History

Judge: 513-I ADDL. CIVIL JUDGE AND JMFC

06-03-2026

commission report

06-01-2026

commission report

24-11-2025

commission report

28-10-2025

commission report

20-09-2025

commission report

Interim Orders

27-09-2018
Orders
02-01-2021
Orders

Summary The court allowed the plaintiffs' application to appoint an Advocate-Commissioner under Order XXVI Rule 9 of the CPC to conduct a local inspection and determine whether Defendant No.1 encroached upon a reserved road. The court found that a dispute exists regarding encroachment that cannot be resolved through oral evidence alone, making a commissioner's investigation necessary. The commissioner was appointed with a surveyor's assistance, fees fixed at Rs. 3,000 and Rs. 1,000 respectively, and directed to complete the work within three months. This case analysis is maintained by casestatus.in based on publicly available court records.

casestatus.in Summary

Summary The court allowed the plaintiffs' application to appoint an Advocate-Commissioner under Order XXVI Rule 9 of the CPC to conduct a local inspection and determine whether Defendant No.1 encroached upon a reserved road. The court found that a dispute exists regarding encroachment that cannot be resolved through oral evidence alone, making a commissioner's investigation necessary. The commissioner was appointed with a surveyor's assistance, fees fixed at Rs. 3,000 and Rs. 1,000 respectively, and directed to complete the work within three months. This case analysis is maintained by casestatus.in based on publicly available court records.

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