KANGJAM JAYANTA SINGH Vs. LISHAM ANILKUMAR SINGH

JUDGEMENT

(1.) This is a petition filed under Article 227 of the Constitution of India praying for :

(2.) The petitioner in this case filed an Original Suit in the Court of Learned Civil Judge(Sr. Divn.), Imphal East, praying for an injunction to restrain the defendants (respondents in this case) from interfering with the construction of compound wall between his land and the land of the defendants/respondents and also to restrain the defendants/respondents from entering and disturbing his peaceful possession and enjoyment of his Pattaland being No. 55 (Old)/166(New), measuring 0.22 acres, under C.S. Dag No. 240 of village No. 29, at Top Naoriya, Sub-Division Porompat, Imphal East District. The respondents/defendants also filed a written statement coupled with counter claim.

(3.) While the case was under trial, the petitioner/plaintiff filed a misc. application praying for appointment of a Commissioner for conducting local investigation over the disputed land under Order 26 Rule 9. The same was registered as Judicial Misc. Case No. 229 of 2014. While this misc. case was pending, the respondents/defendants also filed another application praying for the same. The application of the respondents/defendants was registered as Judicial Misc. Case No. 288 of 2014. The Learned Civil Judge, (Sr. Divn.) disposed both the petitions by a common order passed on 15. 11.2014 by which the learned Judge appointed a Commissioner and laid down the terms of reference. The terms of reference laid down are as follows :