CHANCHAL KUMAR Vs. PREM PARKASH

JUDGEMENT

(1.) By way of this petition filed under Article 227 of the Constitution of India, the petitioner has assailed order dtd. 20/4/2022, passed by the Court of learned Senior Civil Judge, Kullu, District Kullu, H.P., in terms whereof, an application filed under Order 26 Rule 9 of the Code of Civil Procedure by the petitioner/plaintiff for appointment of Assistant Collector, 1st Grade as a Local Commissioner for local investigation of the suit land and to report about the factual position of motorable path existing on Khasra No. 482, situated in Up-Mohal Seobag, Phati and Kothi Kais, Tehsil and District Kullu, H.P. has been dismissed.

(2.) Mr. Naveen K. Bhardwaj, learned counsel for the petitioner submits that the impugned order is not sustainable in the eyes of law for the reason that the learned Court below has erred in not appreciating that as the petitioner/plaintiff is facing undue hardship on account of unauthorized acts of the respondents/defendants, therefore, it was necessary that the application ought to have been allowed so that it could have been ascertained as to what exactly were the dimensions and nature of Khasra No. 482, as the same would have had facilitated the adjudication of the suit.

(3.) Having heard Mr. Naveen K. Bhardwaj, learned counsel for the petitioner and having carefully gone through the averments made in the petition as well as the documents appended therewith, this Court is of the considered view that the present petition deserves to be dismissed.