DHARAM BIR Vs. CHARAN SINGH

JUDGEMENT

(1.) A short question is involved in the present petition with respect to appointment of a Local Commissioner under Order XXVI Rule 9 of the Civil Procedure Code, 1908 (hereinafter referred to as CPC"). The litigants are real brothers, who are litigating on an issue of a common wall dividing their respective portion of the dwelling property.

(2.) The respondent had filed an application under Order XXVI Rule 9 read with Sec. 151 of CPC seeking appointment of a Local Commissioner to measure the properties of the parties, which was allowed vide impugned order dtd. 3/2/2023 passed by the Learned Civil Judge01, (South) Saket Court, New Delhi in CS SCJ 1036/22, titled "Dharam Bir vs. Charan Singh". Aggrieved by the impugned order, petitioner has challenged it by filing the present petition under Article 227 of the Constitution of India. The facts briefly narrated are hereinunder:-

(3.) The case of the petitioner is that Late Mr. Mam Chand was the sole owner of the two properties bearing no. 34 & 75 situated in village Shahpur Jat, New Delhi. On 26/5/1983, vide a Tehrir nama, he divided the said properties equally between his three sons i.e. Mr. Dharam Bir/petitioner herein, Mr. Charan Singh/respondent herein and Mr. Dharampal. As per the Tehrir Nama, the two properties were divided into three portions A, B and C among the respondent, petitioner and Mr. Dharampal respectively. After the partition in 1983, all three brothers have been in possession of their respective shares.