Case Law Analysis
|Karnataka High Court
Order XXVI Rule 9 CPC | Court Commissioner Appointment Permissible for Encroachment Mapping Even Before Ownership Proof: Karnataka HC
Karnataka High Court rules that plaintiffs in property disputes may seek a Court Commissioner under Order XXVI Rule 9 CPC to physically inspect and map encroachments before establishing ownership, ensuring procedural fairness and preventing evidence loss. This holding reinforces the court's discretion to appoint commissioners at preliminary stages to preserve property boundaries, benefiting litigants facing encroachment claims.