OM PRAKASH PANDEY Vs. LALA CHEDDI LAL TRUST

JUDGEMENT

(1.) Heard Sri S.K. Srivastava, counsel for the petitioner and Sri Ramesh Chandra Agrahari, counsel for the plaintiff-respondent.

(2.) This application under Art. 227 of the Constitution has been filed praying for setting aside the order dated 1.12.2016 passed by learned Additional District Judge and the order dated 2.12.2015 passed by learned Additional Chief Metropolitan Magistrate-IV, Kanpur Nagar.

(3.) The facts in brief relevant for the controversy are that the plaintiff-respondent has filed a Suit No. 1913 of 2009 (Lala Cheddi Lal Trust through its Managing Trustee Mr. Atul Garg and another Vs. Om Prakash Pandey) for permanent injunction before the Civil Judge (Senior Division) Kanpur Nagar. The petitioner, who was the defendant in the suit, filed a written statement / objections and also an application for appointment of an Amin to submit a report after making on the spot inspection with regard to the market value of the property in question. The application for appointment of Amin to determine the market value of the property was rejected as not pressed. The other objections, however, with regard to undervaluing the suit and submitting of less court fee was decided against the petitioner by the order impugned dated 2.12.2015.