IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ORDER 22.5.2009. S.B. CIVIL WRIT PETITION NO.5842/2009 Banwari Lal & Ors. Vs. Jagdish & Ors. HON'BLE MR. JUSTICE DALIP SINGH Shri Rajeev Surana, for the petitioners. Heard learned counsel for the petitioners. I have perused the impugned order Annexure-1 dated 06.4.2009 passed by the learned court below by which it allowed, the application submitted by the plaintiff respondent for appointment of the Commissioner for site inspection and submitting the report with regard to the matter enumerated in the said order particularly with reference to location of the house in dispute as to whether it was situated in Khasra No. 529 or 530. In the facts and circumstances of the case, I find no jurisdictional error as the learned trial court had the jurisdiction to appoint the Commissioner for the aforesaid purpose. The order passed by the court cannot be said to be without jurisdiction particularly when in the earlier suit filed by the petitioner defendant a prayer had been allowed for the appointment of the Commissioner at the request of the petitioner defendant himself. I find no jurisdictional error having been committed by the learned trial court. This writ petition is accordingly dismissed summarily. (DALIP SINGH),J. Ramchandrkhatri,PS