BALJIT SINGH GILL Vs. SURJIT SINGH AND ORS.

JUDGEMENT

(1.) Petitioner has assailed the order dtd. 9/8/2018 passed by the Civil Judge (Jr. Divn.) Moga, vide which the application filed by the petitioner for appointment of Local Commissioner was dismissed.

(2.) Plaintiff/petitioner filed a suit for permanent injunction restraining the defendants from interfering in the peaceful possession of the plaintiff over the first floor of house as shown in red colour in the site plan. Restraint order was also sought against the defendants from making any obstruction in the peaceful use of common place of house in question as shown in green colour in the site plan.

(3.) By way of moving an application under Order 26 Rule 9 read with Sec. 151 CPC, plaintiff sought appointment of Local Commissioner on the ground that plaintiff is in possession of first floor of the property in dispute and had put his domestic articles therein. In order to ascertain the aforesaid fact, appointment of Local Commissioner was sought.