LAWS(MPH)-2018-12-8

RAM BILOKI AND ANOTHER Vs. RAMSWAROOP AND OTHERS

Decided On December 10, 2018
Ram Biloki And Another Appellant
V/S
Ramswaroop And Others Respondents

JUDGEMENT

(1.) Heard finally.

(2.) This petition under Article 227 of the Constitution of India has been filed against the order dated 7-1-2014 passed by Civil Judge, Class 1 Karera, Distt. Shivpuri, in C.S. No.13- A/2013, by which the application filed by the petitioner under Order 26 Rule 9 C.P.C. for appointment of Local Commissioner was allowed with a further direction that the Local Commissioner would also submit his report with regard to the objections raised by the respondent in his reply to the application.

(3.) The necessary facts for the disposal of the present petition in short are that the petitioner has filed a suit for permanent injunction in respect of suit plot admeasuring 35x36 sq. meters in survey no.20001/ area 0.12 hectare situated at Tila Road Chouraha, National Highway, Tahsil Karera, Distt. Shivpuri. It was pleaded that the plot in question is on the North of National Highway and now the defendants are trying to dispossess them.