GANGABAI Vs. BALKRISHNA

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India has been preferred by the plaintiffs/petitioners being aggrieved by the order dtd. 1/12/2023 passed by the trial Court whereby their application under Order 26 Rule 9 of the CPC for appointment of a Local Commissioner has been rejected.

(2.) The plaintiffs have instituted an action against the defendants for declaration, mandatory injunction and permanent injunction. The relief claimed by them is for directing the defendants to reconstruct the wall measuring 50 feet in length located towards the eastern side of their house. As per the plaintiffs the same has been demolished by the defendants.

(3.) The defendants have contested the plaintiffs' claim by filing their written statement in which the allegations as levelled by plaintiffs have been denied. On the basis of pleadings of the parties issues have been framed by the trial Court.