i^ ^. :..;-!-;''V'A s.);''i£(!i;:'' HIGH COURT OF CHHAmSGARH AT BILASPUR WRIT PETITION (A»t.2271 N0^5176 OF 2011 Sint. Clihayarani W/o Dui'gashaiikar Rai, aged about 62 years, By Caste Brahinaa, R/o MohaUa Sattipara, Nagar aud Tahsfl Ambikapur, District Surguja(CG). PSTITIONBR PlaiatifT Versus Smt. La5cmi Soiii W/o Ramprasad, By Caste Sonar, aged about 60 years, R/o Mohafla Sattipara, Tahsil and P.S. Ambikapur, District Surguja (CG). WRIT PBTITION UNDER ARTICLE 227 OF THB CONSTITUTION OF (SB :Hon'ble Mr. T.P.Sharma, J. Present:- Shri Awadh Tripathi, Advocate for the petitioner. Respondent not noticed. ORDER 2. 3. (Passsdoa 05/09/2011) By this petition under Article 227 of the Constitiition of India petitioner has challenged tbe legality and propriely of the order dated 26/8/2011 passed by Second Additional District Jlidge, Sarguja (Aaabikapur) in Misc. Civfl Appeal No. 5/11 alfirmiag the order dated 12/5/2011 passed by Pirst CivU Judge Class-1, Ambikapur in civil suit No. 18A/11 whereby application for injunction filed under Order 39 Rule 1 & 2 of the Civil Procedure Code, 1908 has been disniissed same has been affinned by the Lower Appellate Court. Shri Awadh Tripathi, Advocate for the petitioner is heard. Copy of fhe impugned order, Copy of fhe deniarcation of Nazul Inspector, copy of the photographs and copy of ofher dociunents perused. It appears froin the ord.er impugned, copy of fhe other docuinents that. tliere is serious dispute relating to possession especiaUy relating to disputed Gali and Laad which caa not be decided without local inspection. Consequently, petition is disposed ofwith the foUov^ing observations thafc-at the instance ofpetitioner Court shall appoint Coininissioner for local mspection to conipetent Revenue Officers in accordance wifh Rllles and after obtamiaf report of Couuiiissioner and provide opportunily of hearing on tbe "Z-- // o basis of .Conuiussioner report including opportunily to cross examiaation Coiniuissloner, Court shail pass the order a&esh relatmg to protection of possession of the pardes ineanwhile status-quo as exists today shaU be inaintauied till 60 days froiu today. Parties shall also cooperate in decidiag the appltcations. Leamed counsel for the petitioner at tliis stage subiuits that he wQl file appUcation for appoiatinent of ComBaissioner and appUcation for fresh hearing of injunction within a week. Court below shall also iasured that deiaarcation shaU be conducted as early as possible to avoid aay prejudice or unnecessary loss to fhe pardes inaking constructiou. No order as to costs. Certified copy as per inles. Sd/- T.P. Sharma Judge