1 S.B. CIVIL WRIT PETITION NO.5104/2007 Bagdi Ram and ors. vs. Chaturbhuj and ors. Date : 11.1.2008 HON'BLE MR. PRAKASH TATIA, J. Mr.S Acharya, for the petitioners. Mr.M Pitaliya, for the respondents. - - - - - Heard learned counsel for the parties. The petitioner is aggrieved against the order of the trial court dated 31.7.2007 passed under Section 151 CPC by which the petitioner was directed to remove the wall which according to the trial court was raised by the petitioner/defendant after filing of the suit by the respondent/ plaintiff and that too when the interim order was passed by the Court below on the basis of undertaking given by the petitioner himself in the Court on 23.5.2007. Learned counsel for the petitioner submitted that the court below based its order only on the Commissioner's report against which the petitioner 2 has already objection. It is submitted that the will in question was already in existence. I considered the submissions of learned counsel for the petitioner and perused the maps placed on record by the petitioner as well as reply to injunction application and reply to application filed under Section 151 CPC. It appears from the facts of the case that the court below has carefully considered all the documents and reached to the conclusion that the wall in question was raised after giving undertaking by the petitioner before the Court below. In view of the above, I do not find any reason to interfere in the impugned order. Accordingly, this writ petition, having no merits, is hereby dismissed. (PRAKASH TATIA), J. S.Phophaliya