PHUL KHAN Vs. ANSAR MOHAMMAD

JUDGEMENT

(1.) THIS petition under Article 227 of Constitution of India assails the interlocutory order passed on 13/12/2010 in Civil Suit No. 19-A/2010 by Civil Judge, First Class-Kurwai, District Vidisha, whereby an application under Order XXVI Rule 9 of CPC preferred by the defendants No. 1 to 4/ petitioners No. 1 to 4 herein for appointment of Commission for local investigation has been declined on the ground that there is no dispute regarding identification of the said land.

(2.) LEARNED counsel for rival parties are heard on the question of admission and as well as for final hearing.

(3.) LEARNED counsel for respondents/ plaintiffs on the other hand supports the impugned order and contends that in a suit for declaration of title over the suit property alongwith a decree for permanent injunction, the court below was well within it's jurisdictional authority to reject the application under Order XXVI Rule 9 of CPC on finding on prima-facie basis that there is no dispute between the rival parties as regards identity and location of the property in question.