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2019 Supreme(Pat) 423

ANIL KUMAR UPADHYAY
Savitri Devi W/o Sri Chakrabarti Kumar – Appellant
Versus
Sobha Sharma W/o Kumar Sunil Chandra Sharma – Respondent


Advocates Appeared:
For the Petitioner: Mr. Arvind Kumar Sharma, Chetan Kumar Sharma
For the Respondent: Mr. Sunil Kumar, Nikhil Kumar Agrawal, Ms. Aditi Hansaria, Ms. Deepika Sharma

ORDER :

Heard learned counsel for the petitioner and learned counsel appearing on behalf of the Respondents.

2. The petitioner has filed the present writ petition challenging the order of the learned Subordinate Judge-I, Begusarai in Title Suit No. 387 of 2010 appointing Survey Knowing Pleader Commissioner.

3. Learned counsel for the respondents submits that at the relevant time the petitioner himself being the plaintiff filed a petition for appointment of Survey Knowing Pleader Commissioner, however, the Survey Knowing Pleader Commissioner was not appointed. Subsequently, when the defendants filed an application for appointment of Survey Knowing Pleader Commissioner, the Court below in order to decide the dispute finally directed to appoint Survey Knowing Pleader Commissioner and thereafter the petitioner has raised objection and filed the present writ petition.

4. The Court on consideration of the materials available on record, does not find any illegality in the order dated 14.7.2015. The appointment of Survey Knowing Pleader Commissioner will not cause any prejudice to either party. The Survey Knowing Pleader Commissioner is only an aid as to the adjudication and as such his recomm

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