RAM AUTAR Vs. RAMDAS KATIYAR

JUDGEMENT

(1.) Steps were taken to serve the contesting respondents but they did not appear. Heard learned counsel for the petitioner.

(2.) Respondents instituted Original Suit No.367 of 2002 against the petitioner for permanent prohibitory injunction in respect of part of Plot No.167 ad-measuring 3.445 hectares. Area of disputed portion is 580 square yard. Petitioner pleaded that property in dispute was residential sub-plot of 335 square meters (400 square yards) which had been sold by the plaintiffs to him through registered sale deed dated 14.04.2000 and plaintiffs had also sold other small parts of the plot in question to other persons. In the suit plaintiffs filed an application for appointment of Commissioner to inspect the spot and give report. The trial court through order dated 20.07.2004 rejected the application for appointment of Commissioner. Against the said order plaintiffs respondents filed Civil Revision No.56 of 2004, which was dismissed on 10.02.2005 by A.D.J./ Special Judge, D.A.A., Kanpur Dehat. Ultimately, the suit was dismissed on 08.04.2008 by Civil Judge, Senior Division, Kanpur Dehat. Against the said decree plaintiffs respondents filed Civil Appeal No.100 of 2008.

(3.) In the appeal plaintiffs appellants filed application for inspection under Order XXVI Rule 10-A and Section 151, C.P.C. The application for commission filed on 18.08.2008 was allowed by A.D.J. Court No.3 Kanpur Dehat on 17.11.2008. The said order has been challenged through this writ petition.