MOHAN SINGH Vs. DISTRICT JUDGE RAIBARELY & ORS

JUDGEMENT

(1.) Heard learned counsel for the petitioner.

(2.) A suit for permanent injunction filed by the petitioner-plaintiff is pending before the learned trial court. In the said suit, the petitioner moved an application under Order 26, Rule 9 , C.P.C. stating therein that the land in suit is old abadi, situate in village Pure Beisan, Majre Sarai Madhav, Pargana Inhouna Tehsil Tiloi, District Raebareli and further that the revenue number of said property is khasra plot no. 546. It was also stated in the said application that the plot number 537 belonging to the defendant lies on the southern side of the property in dispute and the defendant is attempting to project land of khasra plot no.537 which is the land belonging to the petitioner and in these circumstances, it would be appropriate to issue a survey commission for determining the exact location of plot no.537. In the said application, the petitioner has also made a prayer that the earlier order dated 14.07.2010 passed by the court below rejecting the application under Order 26, Rule 9 , C.P.C. may be cancelled and survey commission may be issued.

(3.) Learned trial court considered the said application and has rejected the same by observing that in the entire plaint the petitioner had not shown gata number of the land allegedly belonging to him and further that an application for correctly determining the position of the land belonging to gata no. 537 given earlier was rejected on 14.07.2010. Learned trial court has also observed in the impugned order dated 26.11.2014 that the order dated 14.07.2010 became final between the parties as the same was not challenged by the plaintiff by way of filing any revision petition.