VEER SEWAK Vs. ANIL KUMAR

JUDGEMENT

(1.) THE petitioners by filing this petition under Article 227 of the Constitution, have challenged the order dated 12.7.2011, whereby their application preferred under section 151 CPC (Annexure P-12) dated 1.7.2011 is rejected by the trial court.

(2.) AFTER hearing the parties and on perusal of the record, it is gathered that this is second visit of the petitioners to this Court. Earlier, petitioners preferred an application under Order 21 Rule 26 read with section 151 CPC (Annexure P-7) dated 5.4.2010 before the court below. In the said application it was prayed that till verification of correct map the proceedings be kept in abeyance. After receiving reply from the other side the trial court passed an order dated 28.6.2010 and gave a specific finding that it has verified the map with the original map. The court below recorded its satisfaction about the correctness of the map in the said order dated 28.6.2010. The petitioners, at this stage, filed writ petition no. 4787/2010 against the said order dated 28.6.2010.

(3.) THE pivotal question before this Court is whether the said order and the aforesaid reason assigned by the trial court is legal and proper ?