JUDGMENT :

Vishal Mishra, J.

1. With the consent of parties, the matter is heard finally.

2. Present petition has been filed under Article 227 of the Constitution of India challenging the order dated 22.9.2020 passed in Case No. RCS 65-A/2019 by III Civil Judge, Class II, Vidisha whereby, the learned trial court without there being any prayer of any of the parties in the suit has ordered for appointment of Commissioner even prior to commencement of evidence of the plaintiff.

3. The plaintiff/petitioner claiming himself to be owner and in possession of the house ad-measuring 600 sqft situated in Sherpura Mohalla, Near Railway Station Vidisha has instituted a suit for permanent injunction and prayed that the defendants be restrained from making any interference in title and possession of the house and further be restrained from dismantling the house alleging it to be encroachment over the land of the railway. Along with plaint an application under Order 39 Rule 1 and 2 of CPC has been filed which upon oral submissions of the counsel for the defendants, was not pressed by the plaintiffs. The respondents filed written statement and reply to the application under Order 39 Rule 1 and 2 of CP