UTTAM CHAND Vs. CIVIL JUDGE

JUDGEMENT

(1.) BY way of the instant writ petition, the petitioners -plaintiffs have implored to quash and set -aside the order dt. 02.03.2012, whereby the learned Civil Judge (Jr. Division), Tijara dismissed the prayer of the plaintiffs -petitioners for appointment of Commissioner second time for the purpose of local inspection of the site in question. Having heard the learned counsel for the petitioners and carefully perused the impugned order, it is noticed that earlier the Court had appointed Commissioner for local inspection and the petitioner again filed second application imploring that the Commissioner may be re -appointed for local inspection of the site. The Court found that the Commissioner had already submitted his report on the specific point and there was no occasion to appoint Commissioner again for collecting the evidence. The Court, on the contrary, observed that the petitioners -plaintiffs had filed this application just with a view to procrastinate the trial of the suit.

(2.) LEARNED counsel for the petitioners has utterly failed to convince me so as to interfere with the impugned order.

(3.) FOR the reasons stated above, the writ petition fails and the same being bereft of any merit stands dismissed accordingly. Consequent upon the dismissal of writ petition, the stay application, filed herewith, does not survive and the same also stands dismissed.