Heard Mr. Sanjay Singh, learned counsel for the petitioner.

2. The petitioner, in the present application under Article 227 of the Constitution of India, is aggrieved by an order dated 08.08.12 passed by learned Sub Judge-III, West Champaran at Bettiah in Title Suit No. 11/2011 whereby a petition dated 30.07.2012 filed by respondents 1st set/ plaintiff has been allowed. By the said petition dated 30.07.2012 the respondents 1st set/ plaintiff sought for appointment of a Pleader Commissioner to ascertain and report the position of the suit property as regards existence of a thatched house and trees etc. over the suit property, surrounded by a barrier.

3. It appears from the pleadings in the present application that the plaintiff filed the said Title Suit No. 11/2011 seeking declaration of his right title and confirmation of possession over the suit land. He also sought for a decree of injunction restraining the petitioner/ defendant from interfering with his possession over the suit property. It further appears that the petitioner, after having received notice, appeared before the court below and filed his written statement. The respondents 1st set filed a petition under Order 39