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S. A. DHARMADHIKARI
Omprakash Agrawal – Appellant
Versus
Sandeep Kumar Agrawal – Respondent
ORDER
1. Heard finally with the consent of both the parties. In this petition under Article 227 of the Constitution of India, the petitioners have assailed the legality, validity and propriety of the order dated 20.05.2022 (Annexure P/1) passed in Miscellaneous Civil Appeal No.39/2022 by the Court of III Additional Judge to I Additional District Judge, Katni (M.P.), whereby the Appellate Court has reversed the order of the learned trial Court dated 5.4.2022, which had rejected the application under Order 39 rule 1 and 2 of the Civil Procedure Code (hereinafter shall be referred to as “Code”) seeking temporary injunction.
2. Brief facts leading to filing of this case are that the respondent No.1/plaintiff filed a suit for declaration and permanent injunction against the petitioners/defendants, which was registered as RCS A/07/2022 alongwith the application under Order 39 rule 1 and 2 of the Code. It is sated in the plaint that petitioner No.1 and respondent No.1 are real brothers and petitioners No.2 and 3 are real sons of petitioner No.1. It is also stated in the plaint that respondent No.1/plaintiff is the owner of 5111 sq.ft. of land, out of which land admeasuring 15 X 25 sq.ft. h
The main legal point established in the judgment is the interpretation of the scope and object of Order 26 Rule 9 of the Civil Procedure Code, emphasizing its purpose and the need for the Court to ex....
The court established that the appointment of a commissioner under Order XXVI Rule 9 of the CPC is not to be used as a means to collect evidence after the closure of proceedings, and such application....
The High Court's supervisory jurisdiction under Article 227 of the Constitution is limited to ensuring subordinate courts function within their legal authority and does not permit the re-appreciation....
The High Court's supervisory jurisdiction under Article 227 is limited to ensuring subordinate courts act within their authority, and local commissioners can be appointed before recording evidence.
The discretionary nature of relief under Order 26 Rule 9 of CPC and the limited scope for entertaining a petition under Article 227 of the Constitution of India.
The appointment of an Advocate Commissioner in a simplicitor injunction suit requires specific justification, and courts should only interfere when there are clear errors on record.
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