NISTHA RAWAT Vs. BALDEV SINGH RAWAT

JUDGEMENT

(1.) Having heard Mr. Aditya Singh, learned counsel appearing for the petitioner and after perusing the writ application, the documents annexed thereto, and the additional affidavit wherein, the Application under Order 26 Rule 9 of the Code of Civil Procedure, 1908, has been annexed, this Court is of the opinion that there is no specific questions to be determined by the Amin Commissioner in such a petition. This fact is also admitted by the learned counsel of the petitioner, therefore he seeks to withdraw the writ application with a liberty to file better application under Order 26 Rule 9 of the Code before the learned Civil Judge (J/D), Rishikesh.

(2.) Accordingly, the writ application is allowed to be withdrawn with a liberty to the defendant no.3 to file an appropriate fresh application before the learned Civil Judge (J/D), delineating the exact question to be determined by the Survey Amin Commissioner. On such an event, the learned Civil Judge (J/D) shall reconsider the matter in the light of the fresh averments made in the petition, if any, and after considering the objection of the plaintiff and other co-defendants, shall decide the matter afresh without being influenced by his own order passed on 8/7/2019 order which is impugned before us and also order of the Revisional Court.

(3.) Writ application is accordingly disposed of.