Tarlok Singh Chauhan, J.

This petition under Article 227 of the Constitution of India is directed against the order, dated 17th April, 2015, passed by the learned trial Court whereby it allowed the application of the respondent and ordered appointment of Local Commissioner to demarcate the suit property.

2. The respondent filed a suit for mandatory injunction, directing the defendant to ascertain the boundaries of his land through lawful demarcation and if after demarcation some structure is found over the land of the plaintiff, the same be ordered to be demolished.

3. I wonder as to how the suit, in the first place, could be maintained. After all it is for the plaintiff to first establish his right and then seek remedy.

4. Another strange aspect of the case is that the plaintiff thereafter moved an application under Order 26 Rule 9 read with Section 151 of the Civil Procedure code for the appointment of a Local Commissioner on the ground that it is the duty of the defendantrespondent to ascertain boundaries before raising construction of his house and, therefore, the revenue department through any official of the revenue department, not below the rank of Tehsildar or Naib Te