JUDGMENT (CAV)

The instant petition has been filed by the petitioner under Article 227 of the Constitution of India seeking following reliefs:—

“(I) Issuance of a Direction/Order/Writ including writ in the nature of a writ of Mandamus/certiorari to quash the order dt. 30.11.2019 passed by Sub Judge-I, Lakhisarai by which and whereunder he has rejected the application filed under Order XXIII, Rule- 9 on dates mentioned in impugned order itself commission for local investigation for the reason that there are in erred in Decree regarding area of land as stated 2438 Sq. feet where as possession over the land under the Judgement debtor is 2696 Sq. feet in Khesra No.- 782 which does not tally & real suit land is of Khesra No.- 982, that has never modified according to law therefore to meet the principal of natural justice a verification is required to be done by the survey knowing pleader Commissioner and Petitioner- Judgement debtor is ready to bear the expenditure. Therefore a survey knowing pleader commissioner be appointed.

(II) Issuance of writ/order in the nature of mandamus commanding that petitioner prays that a petition dt. 27.09.2019 was filed on his behalf under order 21 Rul