SANJEEV KUMAR Vs. YUDHVIR SINGH

JUDGEMENT

(1.) By way of this petition filed under Article 227 of the Constitution of India, the petitioner has challenged the order passed by the Court of learned Senior Civil Judge, Court No. 1, Una, District Una, in case No. 184/2017, titled as Sanjeev Kumara alias Sanjeev Raizada vs. Yudhvir Singh, in terms whereof, an application filed by the petitioner under Order 26, Rule 9 of the Code of Civil Procedure before the learned Trial Court for appointment of the Local Commissioner has been dismissed.

(2.) Brief facts necessary for the adjudication of the present petition are that the petitioner/plaintiff (hereinafter to be referred as 'the plaintiff') has filed a suit against the respondent herein (defendant in the suit) for permanent injunction to the effect that respondent does not interfere or encroach upon or carry out any construction on the suit land by dispossessing the plaintiff forcibly. This suit was filed in the month of May, 2017.

(3.) During the pendency of the suit, an application was filed by the plaintiff under Order 26, Rule 9 of the Code of Civil Procedure, in January, 2019, praying for the appointment of a Local Commissioner, being a revenue expert, to visit the spot to demarcate the suit land and report whether the defendant has encroached upon the area referred to in the application or not.