NAGAR PARISHAD Vs. TIWARI JHUMAR LAL SWAROOP LAL

JUDGEMENT

(1.) In this writ petition, the order dated 10.10.2019 passed by the learned Additional District and Sessions Judge, Karauli has been assailed whereby, the application filed by the respondents- plaintiffs under Order 26 Rule 9 CPC, has been dismissed.

(2.) The facts in brief are that the respondents-plaintiffs filed a suit for mandatory, permanent injunction and mesne profit against the petitioner-defendants praying therein that the respondents may be restrained from demolishing boundary wall surrounding his property as well as seeking compensation for the area of his property utilized for widening the road alongwith other prayers. During course of trial, the petitioners-defendants moved an application seeking appointment of Commissioner under Order 26 Rule 9 CPC. It was stated in the application that width of the road in front of the plaintiff's property is in dispute and hence, to obtain clear position of the site, appointment of Commissioner was imperative. The learned trial Court has, vide order impugned dated 10.10.2019, dismissed the application.

(3.) Assailing the order, it is contended by learned counsel for the petitioner that appointment of Commissioner was necessary to bring correct position as to width of the road in front of the property of the plaintiff and extent of encroachment done by him. He contended that it would facilitate just and effective disposal of the controversy pending before the learned trial Court. He, therefore, prayed for quashing the order dated 10.10.2019 and allowing the application filed by the petitioner under Order 26 Rule 9 CPC.