ORDER

1. It is seen from the Order-sheet dated 22.9.2017 that this Hon’ble Court has granted interim relief and stayed the proceedings of the trial Court in COS No. 5-A/2015, and the case is pending since almost two years and despite of service of the respondents none appeared on behalf of respondent No. 1, therefore, the matter is finally heard.

2. The present petition has been filed by the petitioner challenging the Order dated 4.9.2017 passed by Additional Civil Judge Class-I to the Court Ist Civil Judge Class-I, Ashoknagar whereby, the application under Order 26 rule 9 CPC for appointment of the Commissioner filed by the plaintiff/respondent No. 1 at the stage of the plaintiff’s evidence, is allowed. Counsel for the petitioners has submitted that the learned trial Court has wrongly allowed the application and has exceeded its jurisdiction in issuing directions to the Commissioner to find out that who is the Bhumiswami of the property, whether any encroachment is being done etc.? He has drawn attention of this Court to the sale-deed and the map attached with the sale-deed as well plaint, wherein the relief which has been claimed by the plaintiff is with respect to survey No. 1306/