PREM BAI Vs. SHYAMA DEVI

JUDGEMENT

(1.) This writ petition is under Article 227 of the Constitution of India whereby and whereunder the order dated 07.09.2017 passed in Title Suit No.117 of 2008 by which a petition filed under Order XXVI Rule 1 & 2 of the Code of Civil Procedure has been rejected whereby and whereunder the relief has been sought for by the plaintiff to appoint Pleader Commissioner to submit its report after demarcation of the suit property in the ends of justice.

(2.) It is the case of the petitioner as per the pleading made in the writ petition that a suit for specific performance of agreement dated 23.09.2008 for decree for directing the defendants to execute and register the sale deed pertaining to the landed property situated in Mouza Sonari, P.O. & P.S. Sonari, area measuring 32' X 45' approximately of land and house property consisting of 5 Kharaposh rooms bing Tisco's holding No.96, A-Block, Sonari bounded by:-

(3.) The defendants, after calling upon by the trial Court, have filed written statements wherein it has been pleaded that being the suit property situated over there, a petition under Order XXVI Rule 1 & 2 read with Section 151 of the C.P.C. has been filed, which having been rejected by the trial Court vide order dated 07.09.2017, this writ petition has been filed under Article 227 of the Constitution of India.