HIGH COURT OF CHHATTISGARH ‘: BILASPUR WRIT PETITION (227) NQ.3999 OF 2008 (Writ petition under Anicle 227 of the Constitution of India) Single Bench: Hon’bie Shri Satish K. Agnihotri, J. Present : Shri A.N. Pandey. counset for the petitioners. ORAL ORDER (Passed on this 13'“ day or August, 2008) By way of this petition under Article 227 of the Constitution of india, the oetitioners have impugned the order dated 7-3-2008 (AnnexurePH) passed by the Second Civil Judge Glass 5 I, Ambikapur. whereby the application of the petitioners for appointment of Commissioner has been rejected. Learned counsel appearing for the petitioners submits that if the Commissioner was appointed the examination of evidence and records would not have been necessary. Appointment of Commissioner could have faciiitated expeditious disposal of the pending suit. 2) 3) i have heard learned counsel for the petitioners, perused the application tiled by the petitioners as well as reply tiled by the respondent and the observations made by the learned Civil Judge. While rejecting the application the Civil Judge has made it clear that in the suit for declaration and permanent injunction the disputed land has been indicated . \ unambiguously and clearly. If there is any dispute that can be resolved by \\ examination of witnesses, it is not necessary'to appoint Commissioner for ‘ \\ adjudication of the dispute, Learned Civil Judge observed as under : \ K PETITIONERSI 1. Gwam Ahmed, Slo Late Haji Mohd. (Plaintiffs) Habib, aged about 65 years. 2. Abdul Kayum, Slo Late Haji Mohd. Habib, aged about 48 years. Both are R/o Nagar Ambikapur, Sadar Road, RS. & Tahsil Ambikapur, Dist. Sarguja (CG). ’ Versus RESPONDENT} Smt. Badru Nisha, W/o Late Sajimuddin (Defendant) . Pathan, aged about 60 years, Rlo lmlipara, Ambikapur, Dist. Sarguja (CG). Gowri 4-;4, . > ”war-44 r$" “Wm 3m 11$ mi: WW a WE‘ mawmwh W$ Wli' Wmmm§mwéi$w$ Wi#mai%anam6x43a1fvflzwmua Wmm1¥iri§faa%w§€.wwim§a wmgwauqmammm anal MWWWW1}um immmiiaraaaw1#§rmé%m§ familiikuQagWimm? Imam mmwif‘iimawwmwémwm ama%mmfrmwmiimmw€lw .mr%#gw:mmmégmamm mWWH§§m€I wrmWmmmmm $§WWm€lWWmé§g. mmmmma‘TWMWWmW $Wm@m@, WW mwwWi$wmr 4) i am of the considered opinion that the Commissioner is normally not appointed to improve case of one party in adiudication of the pending suit. Even otherwise, the Commissioner should be appointed in cases where it is not possible to ascertain the facts on the basis of facts, evidences and documents produced by the parties. The order is unexceptionable and does not warrant any interference. 5) This Court in exercise of its supervisory jurisdiction under Article 227 of the Constitution oflndia should refrain itself from interfering with the order passed by the Court below, except in such cases where perversity, illegality, irregularity or jurisdictional error is writ large on the face of the record, which is not in the present case. 6) ln view of the foregoing reasons, this writ petition is dismissed. No order sto costs. 7) Consequently, I.A.No.1 for grant of stay/interim relief stands disposed of. ” " Sdl- . Satish K. Agnihotn Judge a