GWALIOR; dated 15.02.2021.

Shri D.D.Bansal, counsel for the petitioner.

Shri Mahendra Kumar Sharma, counsel for the respondents.

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

Present petition has been filed under Article 227 of the Constitution of India challenging the order dated 20.3.2019 passed in Civil Suit No.71-A of 2018 by V Civil Judge, Class II, Vidisha whereby, the application under Order 26 Rule 9 of CPC for appointment of Commissioner even prior to deciding the application under Order 39 Rule 1 and 2 of CPC, has been allowed.

The plaintiff/petitioner claiming himself to be owner and in possession of the house ad-measuring 1779 sqft. (165.334) sq.mt. situated in Old Ward No.30 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 seeking injunction against the defendants. The respondents filed written statement and reply to the application