Judgment

Mr. Arun Monga, J.

Petition herein, inter alia, is for setting aside order dated 14.12.2022 (Annexure P-6) passed by learned Civil Judge (Junior Division), Sardulgarh, whereby application filed by petitioner/defendant No.3 for appointment of Local Commissioner, was dismissed.

2. Succinct facts first, as pleaded in instant petition.

2.1. Respondent No.1/plaintiff filed a suit for permanent injunction pertaining to land measuring 72 Kanals 6 Marlas restraining the petitioner/defendant No.3 and respondents No.2 and 3 herein from changing the nature of suit land measuring 7 Kanals 8 Marlas and alienating more than their share without getting the same partitioned.

2.2. Upon notice, defendants No.1 and 3 filed separate written statements taking preliminary objections regarding maintainability; locus-standi etc.

2.3. Replication was also filed by respondent No.1/plaintiff to the written statement filed by petitioner/defendant No.3.

2.4. Meanwhile, defendant No.3/petitioner herein moved an application for appointment of Local Commissioner for obtaining report regarding factual position of the suit property. It is stated in the application that suit land was partitioned through family se