PRITHVI RAJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition is directed against the order dtd.2.1.2010 whereby the learned appellate Court while dealing with the appeal in the matter of temporary injunction under Order 39 Rule 1 and 2 C.P.C. rejecting the application of the plaintiffs under Order 39 Rule 7 C.P.C. for appointment of Commissioner for measurement of width of the road in question being constructed by the PWD.

(2.) The learned court below has observed that there are already two reports by the Patwari and therefore, the measurement of the road in question is available on record and therefore, there is no need of fresh appointment of Commissioner as desired by the plaintiffs - petitioners.

(3.) Having heard the learned counsels and in view of the reasons given in the impugned order, this Court does not find any ground to interfere with the impugned order under Article 227 of the Constitution of India.