MANOTHAR KOKNE Vs. SMT. RAMPYARI MISHRA

JUDGEMENT

(1.) Heard. Petitioner filed a Civil Suit No 24-A/2011 in the Court of Second Additional Judge to the Court of First Civil Judge Class-II, Seoni, seeking mandatory injunction and direction to the respondent/defendant to remove encroachment.

(2.) Plaint allegations are that the petitioner purchased plot No. 5 (new number 1/1 Ka) admeasuring 2750 sq. ft. of village Seerdiwan Patwari Halka No. 77/1 NB 436, tahsil and district Seoni, vide sale deed dated 19-04-1978 for a consideration of Rs. 2,000.00. Petitioner got a house constructed leaving 1½ feet open space on eastern and western side for nistar purpose. On the eastern side lives the respondents/defendants who as per plaint allegations has occupied the vacant portion by raising the temporary structure.

(3.) Petitioner led evidence in support of pleadings. After closure of his evidence petitioner filed application under section 26 Rule 9 of the Code of Civil Procedure for issuance of commission to furnish the report regarding the boundaries to resolve dispute.