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2022 Supreme(All) 772

SARAL SRIVASTAVA
Durga Prasad – Appellant
Versus
Manju Singh – Respondent


Advocates Appeared:
For the Appellant : Rishikesh Tripathi
For the Respondent: Rama Goel Bansal, Shalini Goel

JUDGMENT :

1. Heard learned counsel for the petitioners and Ms. Rama Goel, learned counsel for the respondents.

2. The petitioners, by means of the present writ petition, have assailed the order dated 22.02.2022 passed by the Civil Judge (Junior Division), Jhansi in Original Suit No.69 of 2007, by which the application of the petitioners being application No.493D for summoning the Survey Commissioner with 'Guniya and Prakar (Compass)' to demonstrate the procedure before the Court as to how he had measured the property in question during survey has been rejected and the order dated 22.03.2022 passed by the District Judge, Jhansi in Civil Revision/Misc. Case No.35 of 2022 affirming the order passed by the trial Court dated 22.02.2022.

3. The petitioner no.1 instituted an Original Suit No.69 of 2007 (Durga Prasad Vs. Smt. Manju Singh and another) praying for cancellation of sale deed dated 22.03.2007 in respect of plot No.675/6 and permanent injunction restraining the respondents from interfering with the peaceful possession of the petitioners in the property in dispute.

4. It appears that in the suit, three times Survey Commissioner has been appointed. The last Survey Commissioner was ap

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