RAGHUNATH SINGH DHAKA Vs. SHIVPAL SINGH

JUDGEMENT

(1.) By way of the present writ petition, the petitioner has challenged the order dtd. 4/3/2024, whereby the trial Court has appointed a Commissioner pursuant to the application filed by the plaintiff under Order XXXIX Rule 7 of Code of Civil Procedure (hereinafter referred to as 'the C.P.C.').

(2.) Mr. Choudhary, learned counsel for the petitioner submitted that true it is, that the petitioner's (defendant's) counsel had given consent for appointment of a Commissioner but that was given under this understanding that the trial Court would appoint a Commissioner in relation to the position of plaintiff's possession which is claimed to be in Khasra No.2042/820 vis-a-vis the location/situation of the land covered by the patta No.401/2021- 2022 dtd. 29/6/2022 that has been issued for 144.37 sq. meter land situated in Khasra No.835.

(3.) Learned counsel submitted that it was incumbent upon the trial Court to have appointed the Commissioner with specific direction to determine or ascertain whether the plaintiff's possession is in land situated in Khasra No.2042/820 or at Khasra No.835.