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2022 Supreme(Raj) 1114

KULDEEP MATHUR
Shanta Devi – Appellant
Versus
Pushpa Devi – Respondent


Advocates appeared:
Prashant Tatia and Yudhisthir Saran, Advocates., for the Appellant
Manish Shishodia, Sr. Adv. assisted by Yogendra S. Chouhan and Vijay Purohit, Advocates., for the Respondents

JUDGMENT

Kuldeep Mathur, J. - By way of this petition, the petitioner-plaintiffs have prayed for following reliefs:

    "1. This writ petition may kindly be allowed and the impugned order dated 16.01.2018 and 20.02.2018 (Annexure-5 & 6) may kindly be quashed and set aside and the application filed under Order 26 Rule 9 of CPC may kindly be allowed.

    2. Any other writ, direction or order which is deemed to be just and proper in the circumstances of this case may kindly be passed in favour of the petitioners.

    3. Costs of the writ petition may kindly be awarded in favour of petitioners."

    2. Briefly stated facts of the case are that a suit for permanent mandatory injunction bearing Civil Case No. 7/2014 was filed with an application under Order 39 Rule 1 and 2 of CPC by the petitioner-plaintiffs praying that the respondents-defendants may be restrained from creating any disturbance in their title and possession over the property. During the pendency of the suit, the petitioner-plaintiffs filed an application under Order 26 Rule 9 and 10-A of CPC seeking appointment of Tehsildar, Girwa as Commissioner for locating the exact nature and measurements of land through scientific measures by fixing bou

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