Daya Chaudhary, J.

This revision petition has been filed under Article 227 of the Constitution of India for setting aside impugned order dated 01.09.2016 passed by Civil Judge (Junior Division)-cum-Judicial Magistrate Ist Class, Rohtak, whereby, the application for appointment of Local Commissioner was dismissed.

2. Briefly, the facts of the case are that plaintiffs-respondents No.1 and 2 filed a suit for permanent and mandatory injunction against the present petitioners-defendants No.1 to 3. Notice in the said suit was issued to the petitioners. Thereafter, the petitioners filed their written statement and contested the suit on the ground that the land, in dispute, is owned and possessed by petitioners/defendants No.1 to 3. They are having possession of the suit land since the time of their ancestors. During defendant's evidence, the petitioners filed an application under Order 26, Rule 9 CPC for appointment of Local Commissioner on the ground that the defendants are taking contradictory stand regarding the suit land and the appointment of Local Commissioner was necessary to visit at the spot and get report regarding the existing position of the suit land.

3. Notice in the