DHANAWATI DEVI Vs. BATOR

JUDGEMENT

(1.) Sri R.C.Singh, Senior Advocate, for the petitioner and Sri Pawan Kumar Dubey, Advocate, holding brief of Sri Kashi Nath Singh Yadav, learned counsel for respondent No.1 are present.

(2.) Through this writ petition a challenge has been laid to the order dtd. 4/5/2024 passed by Civil Judge (Senior Division)/F.T.C., Ghazipur in Original Suit No.172 of 2014 rejecting the application moved by the plaintiffs-petitioners for appointment of Survey Commission as well as the order dtd. 7/12/2024 passed by District Judge, Ghazipur in Civil Revision No.35 of 2024 rejecting the revision of the petitioner.

(3.) The facts giving rise to the present petition are that the plaintiffs-petitioners had instituted a suit for permanent prohibitory injunction against defendants-respondents. An application under Order XXVI, Rule 9 C.P.C. was moved for appointment of survey commission, which was rejected by the trial Court and the order has been affirmed by the revisional Court. Hence, the present revision.