w iN T'H'E‘mGHCQURT OF IUDImTURE-AT BIIASPUR CHI'IATI'ISGARH mm N0. [1+4- mas Sam; {Em mga, Sig; Mghé. §é€§§m§isg Kuraishi, Aged abcut 31 ysars* Rf 0. Mayapur, Ambi‘kapur, Di’stt., Surguja (CG) VERSUS T} Mbhd. Iahbar Kuraishi, Aged 43: years, S[9.; MQhd. Sid‘dhique, 2} Kaiimmla, Kuraishi 3m Mchm Si‘ddique Miyar Aged} about 42'years‘ 3} Mustri-‘Q‘amn: W76; Faki‘lf‘ Mohmnmed, Aged about' 52: yam“-3;, AH Rm; Mayapurg , Amblkapur, Di$tiz;~ Surguj'a (C13,) \w k EES?ONE)§§KE$ V W‘Rf‘f WGN QNBER $R11Ct£z22W G? THE €0NS¥ITUTION OF INDIA, XI—Hc—22' . 17.6.2005 Mr. Manoj Paranjpa, counssl for the petitioner. Mr. MRS. Bhatia, coun sel for the mspolldenm. R6turn has not bsen tiled on behalf of the respondents. Howavmy counssi for the res gonclents at the outset 311bmitted that after recording evidence of both the parties the matter was flxed for final heaiing but on account of stay gmmted by this court the matter is not being heard. In the. Circumstances he submits that he has no objection if the Commissioner is appointed by the Court below for site inspection and that Commisoioner should give his report within a period of O7 days from the date of appointment. In View of the above sub mission of counsel for the respondents, petition of the petitioner is allowed, the order impugned is set aside and the trial Court is directed \ . \ to appoint the Commissioner for site inspection as prayed by the plaintiff and. it should be ensured that the Commissioner submits its report Within O7 days from its \Lappointment. Thereafter, the trial Court to proceed with the trial of the. suit in accordance with the Certified copy as per rules. Sd/— L.~C. Bhadoo Judge (as tea) law.