PANKAJ NAGPAL Vs. MOHINDER SINGH

JUDGEMENT

(1.) The instant revision petition, instituted under Article 227 of the Constitution of India, is directed against and seeks to impugn the legality and propriety of the order dtd. 15/12/2025 (Annexure P-1), whereby the learned Civil Judge (Junior Division), Gurugram, has been pleased to allow the application moved by the respondent for the appointment of a Local Commissioner.

(2.) The respondent-plaintiff had purchased the plot in question from the petitioner by virtue of a registered sale deed dtd. 21/3/2018, measuring 1022.58 square yards. Subsequently, upon allegedly raising a boundary wall around the plot, the respondent-plaintiff claimed to have discovered that the actual area in his possession measured only 1006.08 square yards, thereby asserting a shortfall of 16.05 square yards. On the basis of the said alleged deficiency, he instituted a suit seeking recovery of the proportionate sale consideration, along with corresponding stamp duty and registration charges.

(3.) The petitioner entered appearance and contested the suit by filing a written statement. The respondent-plaintiff concluded his evidence on 14/7/2022. Thereafter, when the matter was pending for evidence of the petitioner, the respondent-plaintiff moved an application under Order XXVI Rule 9 of the Code of Civil Procedure, 1908 (for short, "CPC"), seeking appointment of a Local Commissioner for demarcation and measurement of the suit property.