SHAKEELA Vs. ANWAR KHAN

JUDGEMENT

(1.) The petitioner has challenged the order dated 24.1.2017 whereby the learned Civil Judge, Kuchaman City has rejected petitioner's application dated 23.12.2016, filed under Order 39, Rule 7 of the Code of Civil Procedure, seeking appointment of the Commissioner.

(2.) The facts of the present case are that the petitioner/plaintiff filed a suit for mandatory and permanent injunction and declaration, seeking protection of her possession of the contentious property, along with an application under Order 39, Rule 1 and 2 CPC, for grant of Temporary Injunction.

(3.) During the pendency of the application, for temporary injunction, the petitioner moved an application dated 23.12.2016 and prayed that a Commissioner be appointed for ascertaining the physical status, neighbourhood and boundaries of the property. The said application has been rejected by the Trial Court, vide order impugned, observing inter alia that as the defendants themselves have admitted the possession of the plaintiff on the disputed premises, there is no requirement of appointing Commissioner.