JUDGMENT :

Gurpal Singh Ahluwalia, J.

1. This miscellaneous petition under Article 227 of the Constitution of India has been filed against the order dated 4.2.2020 passed by 7th Additional District Judge, Gwalior in MJC No. 9/2018 by which the application filed by the respondent No. 1 under Order 26 Rule 9 of CPC has been allowed and the Local Commissioner has been appointed to submit its report with regard to the measurement of the building, to prepare elevation plan and also map as well as for taking the photographs.

2. The necessary facts for disposal of the present petition in short are that the respondent No. 1 has filed an application under Section 307(5) of Municipal Corporation Act for removal of unauthorized construction.

3. The respondent No. 1 filed an application for appointment of Commissioner for the measurement of the building as well as for ascertaining the present situation of the building in question, so that the Trial Court may adjudicate the matter in accordance with law.

4. The said application was vehemently opposed by the counsel for the petitioner. However, by the impugned order dated 4.2.2020, the Trial Court has allowed the application and appointed the Local C