m m..................‘.......‘. ........................“i 200 anewm (Wu), é@ mm wt zoo anéwm (Wu) WWW mmm WW§fsérm wmm $aifmaa1é¥t / Whéreby learned Civil Judge Class I, Mungeli has allowed the application Of resy ondent—plam'tiff under Order 26 Rule 9 of C.P.C. and appointed Tahsildar, MungeE as Commissioner who shall submit his report after local inspection of the spot. 2. Learned counsel for the petitioner submits that in the cross-examination of the plaintiff, he has admitted that his application for demarcation is pending before the Revenue authority, however in;tead of prosecuting his application for demarcation befo the Revenue authority and tiling demarcation report, t1 e piaintiff has moved an application for appointment of /.‘-.~l missioner before the Court below and which has been erroneously allowed by the learned Court below, which is 0t permissible. 3. From perusal of the impugned ordery it appears; that initially the suit was d by the plaintiif for declaration of title and permanent in unction. During the pendency of the suit, the plaintiff am nded the suit and incorporated a pleading that the def 1dant has forcibly dispossessed the plaintiff from a certain peace of land and erected a house as an encroacher and ordingly a prayer has also been incorporated with re pect to demolition of the illegal construction 13V issu e of mandat n’unction instv mam arm w, mam *1?S/I97i-3/200s 40,000. r m C e c e c or i a a + , k3? \ mmm ammm th€ d€f€ndai1t The Court below While allowing the application-for appointment of Commissioner, has observed that for the purpose 0f ascertaining the actual condition on the spot, local mspection is neceseary and accordingly, by the impugned order, Commissioner. -. After going through the impugned order, this Court is satisfied that there is no illegality, iniirmity or jurisdictional error committed by t2 impugned order which may cause manifest in for interference in exer of the Constitution of I] .The petition bang d( :void of substance is liable to be dismissed and it is acctordingly dismissed. Sd/- rf/o Dhirendra Mishrau has appointed the Tahsildar as 1e Court below while passing the may occasion failure of justice or justice to the petitioner which calls :ise ofjmisdiction under Article 227 idia. Judge Wm W200 WW(W§Q) WWW @n‘affcram