ORDER

By the present petition, the petitioner has challenged the order dated 3.1.2024 passed in C.S. No.6-A/2019 by IInd Civil Judge, Senior Division, Narsinghpur whereby the objections submitted by the petitioner upon Commissioner's report dated 24.8.2023 were rejected by the learned trial court.

2. Learned counsel for the petitioner submits that upon the application moved by the petitioner/plaintiff under Order 26 Rule 9 of the CPC, the writ of commission was issued by the learned trial court and the Commissioner conducted the measurement and demarcation of spot and submitted his report. At the time of measurement of spot, the petitioner raised objection that the Commissioner has not measured the property on the ground and the same has been measured from the roof and therefore, the measurement is not correct. The Commissioner has noted down objection raised by petitioner on spot memo itself. On the report of the Commissioner, the petitioner filed an objection and thereafter the Commissioner was examined in the court and was cross examined by the petitioner also.

3. Learned trial court by impugned order dated 3.1.2024 rejected the objection raised by the petitioner