ZAFAR IMAM Vs. SARWAR IMAM AND ORS.

JUDGEMENT

(1.) Heard learned counsel for the petitioner.

(2.) This application under Article 227 of the Constitution of India has been filed by the petitioner challenging the order dated 19.01.2019 passed by the learned Sub Judge-1, Jehanabad in Partition Suit No. 99 of 2014 whereby the report of Takhtabandi dated 17.07.2018 submitted by the survey knowing Pleader Commissioner has been rejected.

(3.) Learned counsel for the petitioner submitted that the court below did not appreciate that the report of Takhtabandi submitted by the survey knowing Pleader Commissioner is legal, valid, just and proper. He contended that no one had raised any objection at the time of inspection and the allotment of the land in favour of both the parties nor in this regard any objection was filed before the court below before or after submission of the report of Takhtaband before the survey knowing Pleader Commissioner. However, when the petitioner filed a petition for confirming the report of the survey knowing Pleader Commissioner on 18.07.2018, the respondents have filed objection on 21.07.2018 just in order to delay the matter.