TARACHAND Vs. NARAIN

JUDGEMENT

(1.) THE petitioner is aggrieved by order dated 5.4.2014 passed by Addl. Civil Judge (Sr. Div.) cum Addl. Chief Judicial Magistrate, Dantaramgarh, District Sikar, whereby the learned Magistrate has rejected the petitioner's application for summoning the factual report from the Tehsildar Dantaramgarh with regard to the property in dispute.

(2.) THE brief facts of the case are that the petitioner -plaintiff filed a suit for permanent injunction along with an application for temporary injunction seeking relief that the respondent -defendants may be restrained from using and trying to possess the guwadi. During pendency of the proceedings, the petitioner filed an application for appointment of a Commissioner, which was dismissed by order dated 28.2.2014. Thereafter another application was filed for summoning the factual position of the site. The respondent -defendants contested the application. After hearing the arguments, by order dated 5.4.2014 the learned trial court rejected the application. Hence, this petition before this Court.

(3.) HEARD the learned counsel for the petitioner and perused the impugned order.