3>3> HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (Art. 227) No.3368 of2011 PETITIONER/: (Defendant) Smt. Chandravati age about 50 years, W/o Rampati Patel, by Caste Kurmi R/o Village Pasouri, Thana Kelhari, Tahsil Manendragarh, Distt. Koriya Versus RESPONDENTS/: 1. Rupesh Kumar aged about 28 years, (Plaintiff) S/o Ramkripal 2. Sushil Kumar aged about 22 years, S/o Ramkripal Both by Caste Kumhar, R/o Village Pasouri, Tahsil Manendragarh, Distt. Koriya 3. State of Chhattisgarh, Through Collector, Koriya, Distt. Baikunthpur {Writ petition underArtide 227 ofthe Constitution of India} Present: Mr. Parag Kotecha, counsel for the petitioner. None present for respondents No.1 & 2. No representation is made. Notice not received after service. Mr. Sumit Jhanwar, Panel Lawyer for the State/respondent No.3. Sinale Bench: Hon'ble Mr. T.P. Sharma, J ORAL ORDER (17-8-2011) 1. By this writ petition under Article 227 of the Constitution of India, the petitioner has challenged legality and propriety of the order dated 4-5- 2011 passed by the Civil Judge Class-ll, Manendragarh in Civil Suit N0.17A/2008 whereby the application for taking documents on record filed under Order 8 Rulel (3) of the CPC on behalf of the petitioner < herein/defendant has been dismissed. 2. I have heard learned counsel for the parties, perused the order impugned and copies of other documents. 3. Learned counsel for the petitioner submits that the petitioner herein is owner of Khasra No.290 area 0.15 hectare situate at Village Pasouri and yy ^:p;:^^-Mi T Soma as per claim of the plaintiffs/respondents No.1 & 2 herein, they are owners of Khasra No.291 area 0.39 hectare situate atVillage Pasouri. 4. It appears that the lands of the parties are adjoining and there is dispute relating to boundary which can be decided only by appointing Commissioner for local inspection in terms of Order 26 Rule 9 of the CPC. In these circumstances, any previous document relating to demarcation would be of no help. 5. With this observation, the petition stands disposed of. No order as to costs. ——-—-—-___, Sd/- TP.Sharma f Judge