KESHAV SINGH Vs. LAXMAN LAL

JUDGEMENT

(1.) This writ petition has been filed by the petitioners/plaintiffs aggrieved of the order dtd. 13/4/2022 (Annex.7) passed by the Civil Judge, Pindwara, District Sirohi whereby the application filed by the petitioner under Order 39 Rule 7 read with Sec. 151 CPC, has been rejected.

(2.) The petitioners/plaintiffs filed a suit for permanent injunction with regard to property situated at village Kojra, Tehsil Pindwara. Alongith the suit, the petitioners filed a site map. The suit was contested by the defendants and they also filed site map giving out therein the status of the possession of the property.

(3.) The petitioners filed application under Order 39 Rule 7 CPC in the application for temporary injunction, inter-alia, claiming that a Commissioner be appointed. In the application, the petitioners indicated that as the defendants have questioned the status of the property in terms of the site map produced by the petitioners, the actual status must be taken on record and that for the purpose of identification, present status and boundaries of the property, Commissioner be appointed.