JUDGMENT :

Vishal Mishra, J.

Heard through Video Conferencing.

1. The present petition is being filed by the petitioners challenging the order dated 15.9.2012 passed in Civil Suit No. 23A/2012 by First Civil Judge Class II, Morena whereby the application filed under Order 26 Rule 9 of CPC for spot inspection and demarcation of Survey No. 368 and Survey No. 379 situated at Village Shikarpur, Tahsil and District Morena has been rejected.

2. It is submitted that the petitioner plaintiffs have filed a civil suit before the Trial Court for declaration and permanent injunction with respect to the Survey No. 368 Min Part A, B, C and D. Application for temporary injunction was also filed along with the Civil Suit. The defendants after being served has filed response to the reply of the temporary injunction and denied the entire allegations. Thereafter the plaintiff/petitioner filed an application under Order 26 Rule 9 read with section 151 of CPC to the effect that there appears to be some boundary dispute as is reflected from the map. The defendants have alleged encroachment and the aforesaid encroachment cannot be clarified without any demarcation of the property. The plaintiff has specifica