Civil Revision No. 5884 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.- Civil Revision No. 5884 of 2010 (O&M) Date of decision:- 14.9.2010 Rajesh ... Petitioner Versus Jiya Lal & Anr. ... Respondents CORAM:- HON'BLE MR. JUSTICE GURDEV SINGH Present:- Mr. Ashwani Gaur, Advocate, for the petitioner. Gurdev Singh, J (oral) Heard. The petitioner/plaintiff has filed this petition under Article 227 of the Constitution of India for setting aside the order dated 9.8.2010 passed by Civil Judge (Sr. Division) Sonepat, vide which he dismissed the application of the petitioner for appointment of the Local Commissioner. The plaintiff filed suit for mandatory injunction directing defendant No.1/respondent No.1 for removing the encroachments made in the streets adjoining his house with a further direction to defendant No.2/respondent No.2 to get those encroachments removed, on the ground that the same had been made by defendant No.1 illegally, forcibly and unauthroised. He filed an application for the appointment of Local Commissioner and with the consent of the other side the Local Commissioner was appointed for making measurements on the spot and to submit his report. The Local Commissioner after doing the needful Civil Revision No. 5884 of 2010 (O&M) -2- submitted his report and cite-plan in the Court. Feeling dissatisfied the petitioner moved second application for the appointment of another Local Commissioner, which was dismissed by Civil Judge (Sr. Division), vide aforesaid order, on the ground that second Local Commissioner for the same purpose cannot be appointed. It has been submitted by learned counsel for the petitioner himself that objections have been filed against the report of the Local Commissioner, which are still pending before the trial Court. Till the report of the first Local Commissioner is set aside, no second Local Commissioner can be appointed. There is no illegality in the order of the trial Court, thus the present revision petition is dismissed. September 14, 2010 (Gurdev Singh) tripti Judge