PALWINDER SINGH Vs. SURINDER KUMAR

JUDGEMENT

(1.) This is a Civil Revision Petition filed under Article 227 of the Constitution of India for setting aside the order dtd. 14/8/2024 (Annexure P-7) passed by the Civil Judge (Jr. Div.), Dasuya vide which the application (Annexure P-5) filed by the defendant-petitioner for the appointment of a Local Commissioner has been dismissed.

(2.) Brief facts of the present case are that the plaintiff-respondent no.1 had filed a suit for permanent injunction restraining the defendant- petitioner or his agents, relatives etc. from interfering in any manner in the peaceful use and possession of the Haveli of the plaintiff which was bounded as detailed in the site plan. It was the case of the plaintiff that the area in question was in the possession of the plaintiff, which also included his residential house and that the defendant had forcibly started throwing manure pits on the said land. It was stated that the defendant was a head strong person and had influence on the local officials and hence, he was taking the benefit of the same. A written statement was filed by the defendant-petitioner in which one of the pleas taken by the petitioner was that after the demise of Uttam Chand, the property was inherited by Daulat Ram, Sohan Singh and Hari Ram and all the owners got dug a Well in the suit property.

(3.) Learned counsel for the petitioner has informed the Court that the evidence of the plaintiff was concluded and subsequently, an application dtd. 4/4/2024 was filed by the petitioner under Order 26 Rule 9 CPC read with Sec. 151 CPC for the appointment of a Local Commissioner to report regarding the existence or non existence of the Well in the suit property. The said application was opposed by the plaintiff by filing a reply dtd. 7/5/2024. It was stated in the reply that the petitioner was neither the owner nor in possession of any part of the property and had filed a false application just to delay the proceedings.