CW-8503/08-Shish Ram & Ors. Vs. Prameshwar. Judgment dt.14.9.09 1/2 S.B. CIVIL WRIT PETITION NO.8503/2008 Shish Ram & Ors. Vs. Prameshwar. Date of order : 14th September, 2009 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. J.R. Chawel for Mr. G.R. Punia for the petitioner. Mr. B.L. Choudhary for respondents. ------- 1. This writ petition is directed against the order dated 25.7.2008 whereby the learned trial court rejected the application of the defendant-petitioner to appoint another Commissioner and obtain fresh report of the site in question as the two reports produced by the same Commissioner namely Shri Indraj Singh were different on the both occasions. The both reports of Commissioner are produced on record with this writ petition as Annex.4 and Annex.7. 2. From a bare perusal of these reports of the Commissioner and the map prepared by the said Commissioner along with the said report, it appears to this Court that both the reports of the same Commissioner are at variance. 3. In view of this the learned trial court ought to have considered it appropriate to appoint fresh Commissioner to obtain fresh report as nothing can emerge, if both these two reports of the same Commissioner were poles apart. CW-8503/08-Shish Ram & Ors. Vs. Prameshwar. Judgment dt.14.9.09 2/2 4. In view of this, this writ petition is allowed and the impugned order dated 25.7.2008 is set aside and the learned trial Court may appoint a fresh Commissioner to obtain a fresh report and consider the application for temporary injunction. [ DR. VINEET KOTHARI ], J. item No.24 babulal/