Deepak Gupta, J.

1.This petition under Article 227 of the Constitution of India is directed against the order dated 31.8.2010 whereby the learned Trial Court rejected the application under Order 26 Rule 9, CPC filed by the plaintiff-petitioner.

2.The plaintiff filed a suit seeking a decree for permanent prohibitory injunction for restraining the defendants from interfering in the suit land and in the alternative, a suit for possession by demolition of the structure raised by the defendants was filed.

3.The case of the defendants was that they had got their land demarcated in the presence of the plaintiff and after the demarcation was conducted, they had raised the construction strictly in accordance with the demarcation reports. After the parties had led evidence and the case was fixed for rebuttal evidence of the plaintiff, the plaintiff filed an application under Order 26 Rule 9, CPC praying that a Local Commissioner be appointed to demarcate the land. This application was filed sometime in September, 2009 and it was admitted by the plaintiff that the defendants had got demarcated their land and thereafter had raised construction thereon. However, the case of the plainti