JUDGMENT :

Arun Bhansali, J.

1. This writ petition has been filed by the petitioner aggrieved against the order dated 25.11.2019 passed by the trial court, whereby the application filed by the petitioner under Order XXVI, Rule 9 CPC has been rejected.

2. The suit was filed by the petitioner for permanent injunction, the application was filed after five years, seeking appointment of Commissioner with the contention that based on the pleadings of the parties, there was dispute pertaining to the subject matter of the suit and therefore, the Commissioner be appointed.

3. The application was resisted by the defendants.

4. The trial court, after hearing the parties, came to the conclusion that the issue, for which the Commissioner was sought to be appointed, was not of special nature, which could only be determined by the Commissioner and that the status can be produced by way of other means i.e. pictures etc. also and consequently, rejected the application.

5. Learned counsel for the petitioner made submissions that looking to the nature of dispute, the appointment of Commissioner would have facilitated the decision of the suit and therefore, rejection of the application was not justified.

6.