SBSWP NO.1754/2010– PRITHVI RJA AND ORS. V/S STATE OF RAJASTHAN AND ANR. . : JUDGMENT DTD.22.2.2010 1/2 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. S.B. CIVIL WRIT PETITION NO.1754/2010 Prithvi Raj and ors. Versus State of Rajasthan and anr. PRESENT HON'BLE Dr.JUSTICE VINEET KOTHARI Mr.J.S. Bhaleria, for the petitioners DATE OF JUDGMENT : 22nd February, 2010. JUDGMENT 1. This writ petition is directed against the order dtd.2.1.2010 whereby the learned appellate Court while dealing with the appeal in the matter of temporary injunction under Order 39 Rule 1 and 2 C.P.C. rejecting the application of the plaintiffs under Order 39 Rule 7 C.P.C. for appointment of Commissioner for measurement of width of the road in question being constructed by the PWD. 2. The learned court below has observed that there are already two reports by the Patwari and therefore, the measurement of the road in question is available on record and therefore, there is no SBSWP NO.1754/2010– PRITHVI RJA AND ORS. V/S STATE OF RAJASTHAN AND ANR. . : JUDGMENT DTD.22.2.2010 2/2 need of fresh appointment of Commissioner as desired by the plaintiffs – petitioners. 3. Having heard the learned counsels and in view of the reasons given in the impugned order, this Court does not find any ground to interfere with the impugned order under Article 227 of the Constitution of India. 4. Consequently, the present writ petition is found to be devoid of merit and the same is accordingly dismissed. No order as to costs. A copy of this order be sent to the learned trial Court as well as opposite party. (Dr.VINEET KOTHARI)J. Item No.8. Ss/-