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2022 Supreme(Raj) 2953

ASHOK KUMAR GAUR
Mangli Devi W/o Sitaram Saini – Appellant
Versus
Rajesh Kumar – Respondent


Advocates Appeared:
Mr.Rahul Kamwar, Adv., for the Appellant; Mr.D.D. Khandelwal, Adv. (Through VC)., for the Respondent

ORDER

1. Heard learned counsel for the parties.

2. The petitioners-defendants have filed S.B. Civil Writ Petition No.9938/2018 challenging the order dated 15.01.2018, whereby, the Court below has appointed Commissioner second time for site inspection. The petitioners filed review application before the Court below challenging the said order dated 15.01.2018 and the Court below, vide order dated 09.02.2021, dismissed the review application and as such, the petitioners have filed S.B. Civil Writ Petition No.7437/2022 challenging the order dated 09.02.2021.

3. With the consent of learned counsel for the parties, both the writ petitions are decided by this common order.

4. Learned counsel for the petitioners-defendants submitted that the plaintiffs have filed suit for cancellation of sale deed, declaration and mandatory injunction.

5. Learned counsel submitted that the petitioners had filed an application before the Court below for appointment of Commissioner to inspect the disputed site and submit site inspection report.

6. Learned counsel for the petitioners submitted that one Advocate was appointed as Commissioner, vide order dated 10.02.2017 and the said Commissioner submitted his site i

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