HIGH COURT OF CHHATTISGARH BILASPUR Writ Petition [Art 227) No.4508 of 2011 ® {Writ petition under Article 227 of the Constitution of India} s Present: Mr. Goutam Khetrapal, counsel for the petitioner. Mr. Mukesh Sharma, counsel for respondent No.1. Mr. Akhil Agrawal, Panel Lawyer for the State/respondent No.2. Single Bench: Hon’ble Mr. T.P. Sharma, J ORDER (21-9-201 1) By this writ petition under Article 227 of the Constitution of India, the petitioner has challenged legality and propriety of the order dated 2—8— 2011 passed by the 7m Civil Judge Class—ll, Bilaspur in Civil Suit No.14A/ 2011, whereby the application for local investigation by appointing Commissioner filed by the petitioner herein under Order 26 Rule 9 of the CPC has been dismissed. l have heard learned counsel for- the parties, perused the order impugned, copy of the plaint and copyof the written statement. Both the parties have claimed right over the property on the basis of different Khasra numbers. ln these circumstances, the only evidence to decide the aforesaid dispute would be demarcation of land by appointing Commissioner in terms of Order 26 Rule 9 of the CPC. Consequently, by dismissing the application, the Court below has committed illegality. The petition, therefore, deserves to be allowed and is hereby allowed. PETITIONER/: Suresh Kalwani, aged years, (Plaintiff) S/o Dr. D.R. Kalwani, R/o Priyadarshni & District Nagar, Bilaspur, Tahsil Bilaspur (C.G.) Versus RESPONDENTS/: 1. Smt. Mona Yadav, W/o Shri Ram Singh (Defendants) Yadav, R/o Basera Colony, Bhartiya Tahsil & District Nagar, Bilaspur, Tahsil Bilaspur (C.G.) 2. State of Chhattisgarh, through the Collector, Bilaspur (C.G.) 2 Order impugned dated 2—8-2011 passed by the 7‘“ Civil Judge Class-n, Bilaspur in Civil Suit No.14A/ 2011 is set aside and the application filed on behalf of the petitioner herein for local investigation by appointing Commissioner is also allowed. The trial Court shall appoint Commissioner in accordance with the rules framed under Order 26 of the CPC. No order as to costs. Soma . l.A.No.1 stands disposed of. Sd/- T.P. Sharma Judge Nd;