SHIVNARAYAN Vs. KOSHALYA BAI

JUDGEMENT

(1.) Being aggrieved by the order dated 19.10.2010 passed by Civil Judge, Class-II, Garoth. District-Mandsaur in civil suit No. 1 -A/2008 whereby application filed by the petitioner under Order XXVI Rule 9 CPC was dismissed, present petition has been filed.

(2.) Short facts of the case are that petitioner filed a suit for possession against the respondents alleging that petitioner is owner of land bearing survey No. 26/3. It was alleged that respondents are in occupation of a strip of land measuring 20x 160 sq. ft. It was prayed that decree for possession be passed. During pendency of suit an application was filed by the petitioner under Order XXVI Rule 9 CPC for appointment of Commissioner. The application was opposed and was dismissed by the learned Court below against which present petition has been filed.

(3.) With the aforesaid observation, petition filed by the petitioner stands disposed of C.C. as per rules.