Hon'ble VYAS, J.—In this petition filed under Article 227 of the Constitution of India, the petitioner has prayed for quashing order dated 31.10.2011 passed by the Civil Judge (Jr. Dn.), Pali whereby the Trial Court allowed the application filed under Order 26, Rule 9 CPC and Order 39 Rule 7, read with Section 151, C.P.C. and appointed the Tehsildar, Pali as Commissioner to give report as per the revenue record of the disputed land.

2. Learned counsel for the petitioner submits that the plaintiff-petitioner preferred a suit for permanent injunction before the Civil Judge (Jr. Dn.), Pali because respondent No. 1 issued a public notice in which it is published that in the nearby area of Khasra Nos. 930, 932, 933, 954 and 961 there is a residential scheme of Municipal Council, Pali know as Gandhi Nagar Awasiya Yojana and land of Khasra Nos. 934 and 953 has been illegally included in the Mahaveer Nagar Yojana, in which, plot No. 754 of the petitioner is situated. The petitioner stated in the suit that after lapse of about 20 years of allotment made in favour of the plaintiff-petitioner by Mahaveer Grih Nirman Samiti, illegal notice was published by the Municipal Council, Pali whereas th

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