M.M. Kumar, J. - This petition filed under Article 227 of the Constitution prays for quashing order dated 20.12.2004 passed by the Civil Judge (Jr. Division) Dhuri declining the application of the defendant-petitioner seeking appointment of Local Commissioner for demarcation of the property allotted to him by the Wakf Board. The appointment of the Local Commissioner is stated to be to assist the Court in recording the finding as to whether the defendant- petitioner has encroached upon any area belonging to the plaintiff-respondent. In other words, the Local Commissioner was to be appointed to decide the question of possession in respect of the property.

2. The plaintiff-respondent filed a suit for permanent injunction restraining the defendant-petitioner from encroaching upon any part of his shop and from raising any construction over any part of the shop forcibly and illegally. During the pendency of the suit, the defendant-petitioner filed an application for appointment of the local commissioner asserting that during the course of adducing evidence, the plaintiff-respondent had stated that front measurement of the shop is 14 feet alleging that the plaintiff respondent ma