RAJ KUMAR Vs. BRIJ MOHAN

JUDGEMENT

(1.) This Civil Writ Petition has been filed by the petitioner against the order dtd. 15/4/2021 passed by learned District Judge Sawai Madhopur in Miscellaneous Application No.08/2020, whereby application under Order 26 Rule 9 CPC for appointment of Commissioner and for calling factual report of the illegal encroachment upon the petitioners land Khasra No.322 and 323 was dismissed.

(2.) Learned counsel for the petitioner submits that the petitioner had filed a suit against respondent No.1 in which petitioner clearly stated the respondent No.1 had encroached upon his land. So, he had filed an application before the learned trial Court under Order 26 Rule 9 CPC but learned trial Court vide order dtd. 15/4/2021 wrongly dismissed the application filed by the petitioner. Learned counsel for the petitioner further submits that the respondent had encroached upon the land of Khatedari Khasra Nos.322, 323 and constructed a shop upon 15.77 Sq. feet. Learned counsel for the petitioner further submits that the petitioner had filed an application before the learned trial Court that a Tehsildar be appointed as Commissioner for local inspection and for procuring a report regarding encroachment of the land.

(3.) Learned counsel for the petitioner has placed reliance upon the judgment passed by the Hon'ble Apex Court in the case of Haryana WAQF Board Vs. Shanti Sarup and Others reported in (2008) 8 SCC 671.