SANTOSHI JANGADE Vs. ABHISHEK SINGH AND ANOTHER

JUDGEMENT

(1.) This is a writ petition filed under Article 227 of the Constitution of India questioning the order dated 08-08-2016 passed by the trial Court in Civil Suit No.9-A/2014, by which the said Court has rejected the application under Order 26, Rule 9 of the Code of Civil Procedure (henceforth "CPC" ) filed by the petitioner/plaintiff for appointment of commissioner.

(2.) The plaintiff filed a suit for declaration of title and permanent injunction stating inter alia that he is the owner, title and possession holder of Khasra No.489/4, area 1716 sq.ft., which is being interfered by the defendant No. 1/respondent and, therefore, the decree of declaration of title and permanent injunction be granted in her favour.

(3.) Defendant No.1 has filed his written statement stating inter alia that the suit land is a part of Khasra No.490/4, area 1000, which is owned and possessed by him and, therefore, the petitioner/plaintiff is not entitled for any relief.