1. This writ petition under Article 227 of the Constitution of India is filed by the petitioner-plaintiff, challenging the order dated 17.01.2025 passed by the Learned Additional Senior Civil Judge and JMFC, Hunsur on I.A.No.VIII filed under Order XXVI Rule 9 read with Section 151 of CPC in O.S.No.131/2021, whereby the trial Court rejected the application.

2. The plaintiff has filed the suit for declaration and possession. During the pendency of the suit, he has filed I.A.No.VIII for appointment of Commission under Order XXVI Rule 9 read with Section 151 of CPC. The trial Court by order dated 17.01.2025 rejected the said application. Being aggrieved by the same, the present petition is filed.

3. Learned counsel for the petitioner-plaintiff has submitted that since the counsel appearing for the plaintiff did not argue on the application before the trial Court and was unable to assist the Court in disposing of the application properly, the application came to be rejected. Hence, he prays that plaintiff may be granted one more opportunity, and he assures that he will assist the Court without seeking any further adjournments in the matter. Therefore, he sought for allowing the writ petition.

4. Per contra, the learned counsel for the respondentdefendant has submitted that even though the learned counsel for the plaintiff did not address the argument on the application, the trial Court, based on the available documents on record, has considered the application and passed a well-considered order. Hence, he seeks the dismissal of the petition.

5. Be that as it may, there is a reference in the order that the counsel for the plaintiff has not chosen to argue on the application.

6. In view of the above and in the interest of justice, in order to provide one more opportunity, the writ petition deserves to be allowed, subject to the condition that on the next date of hearing or on the day fixed by the trial Court, the plaintiff, without seeking any adjournment, has to argue on the application. Hence, I pass the following order:

ORDER

a) The writ petition is allowed.

b) The order dated 17.01.2025 passed by the Learned Additional Senior Civil Judge and JMFC, Hunsur on I.A.No.VIII filed under Order XXVI Rule 9 read with Section 151 of CPC in O.S.No.131/2021, is hereby set aside.

c) The petitioner-plaintiff is directed to argue on the application on the day fixed by the trial Court without seeking any adjournment in the matter.

d) The trial Court is directed to reconsider the application and pass the appropriate order, in accordance with law.