LAWS(UTN)-2018-7-30

ATIK AHMAD KHAN & ANOTHER Vs. SIMMI KHAN

Decided On July 05, 2018
Atik Ahmad Khan And Another Appellant
V/S
Simmi Khan Respondents

JUDGEMENT

(1.) By means of this appeal under Order 43 Rule 1(s) CPC, appellants have challenged the order dated 31.05.2018 passed by learned Civil Judge (S.D.), Haldwani, District Nainital in Civil Suit No. 31 of 2018, whereby learned court below appointed Advocate Commissioner for sealing the suit property for the purpose of preserving and protecting the same during pendency of the suit.

(2.) Respondent filed a suit under Section 6 of Specific Relief Act alleging that appellants have forcibly taken possession of her plot of land situated in Azadnagar, Haldwani, District Nainital. On 31.05.2018, learned trial court passed an order that suit property deserves to be sealed in order to preserve and protect the same and appointed Advocate Commissioner for sealing the property. Thus feeling aggrieved by the said order, this appeal against order has been filed by the appellants.

(3.) Heard learned counsel for the parties and perused the record.