(1.) Petition herein, inter alia, is for setting aside order dtd. 14/12/2022 (Annexure P-6) passed by learned Civil Judge (Junior Division), Sardulgarh, whereby application filed by petitioner/ defendant No.3 for appointment of Local Commissioner, was dismissed.
(2.) Succinct facts first, as pleaded in instant petition.
(3.) Learned counsel for petitioner/defendant No.3 would canvass that plaintiff while his examination-in-chief has denied construction of two shops and boundary wall over the property in dispute,for determination of actual position of suit property, a Local Commissioner is required to be appointed.