NASIMUDDIN ANSARI Vs. ABDUL SHEHARAM QURAISHI

JUDGEMENT

(1.) The petitioners, who are defendant nos. 1 and 2 in Title Suit No.41 of 2012, are aggrieved of order dated 18.05.2017 by which the defendants' application under Order XXVI Rule 9 and 10 and 10A read with section 151 CPC has been rejected.

(2.) Mr. Shailendra Kumar Tiwari, the learned counsel for the petitioners submits that in view of institution of other suits, more particularly Partition Suit No.40 of 1999 and Title Suit No.60 of 2006, to identify the suit property appointment of a Pleader Commissioner is necessary. Another plea urged on behalf of the petitioners is that during his evidence the plaintiff has agreed for appointment of a Pleader Commissioner.

(3.) Without recording facts in detail, suffice would be to indicate that Title Suit No.41 of 2012 has been instituted for a decree for declaration of the plaintiff's right, title and interest over schedule 'A' land. Description of the suit schedule properties has been described under schedule 'A' of the plaint, as under: