RAMESH KUSHWAH & OTHERS Vs. SONIRAM KUSHWAH

JUDGEMENT

(1.) Supervisory jurisdiction of this Court is invoked under Article 227 of the Constitution of India to assail the interlocutory order dated 25.04.2017 passed by 2nd Additional Civil Judge Class II, Distt. Shivpuri in Case No. 07A/2016 whereby an application under Order 26 Rule 9 CPC for appointment of Commissioner for conduction of demarcation and identification of suit property preferred by the petitioner/plaintiff has been dismissed, on the ground that allowing of the same would amount to collection of evidence.

(2.) Learned counsel for the petitioner is heard on the question of admission.

(3.) The petitioner plaintiff instituted a suit claiming permanent injunction in respect of the suit property situated in Survey No. 1129 which was claimed by the plaintiff to be Government property and common way which was alleged to be encroached upon by the defendants. The defendants denied the said claim and produced relevant sale deeds claiming ownership of the suit property.