1. Being aggrieved by the order dated 18.8.2010 IVth Civil Judge Class II, Indore in Civil Original Suit No. 363-N09, whereby application filed by the petitioner under Order 18 Rule 18 Order 26 Rule 9 read with section 151 CPC was dismissed, present petition has been filed.

2. Short facts of the case are that respondent filed a suit for permanent injunction alleging that respondent has owned and is in possession of Plot No. 70 situated at Sanchar Nagar Extension, Indore measuring 1800 Sq ft. The suit was contested by the petitioner alleging that the plot in dispute is bearing no. 72 and not 70. During trial an application was filed praying for spot inspection. The application on was dismissed, against which present petition has been filed.

3. Learned counsel for the petitioner submits that since the identity of the suit plot is in dispute, therefore, the best course which ought to have been adopted by the learned Court below was to appoint Commissioner. In support of this contention reliance has been placed on a decision of Kerala High Court in the matter of Payani Achuthan v. Chamballikundu Hariian Fisheries Development Cooperative Society & Ors. reported in AIR 1996 Ker. 276,