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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
SANDEEP SHAH, J
Devilal – Appellant
Versus
M/s Govindam – Respondent
| Table of Content |
|---|
| 1. petitioners allege illegal construction affecting the right of way. (Para 1 , 2) |
| 2. petitioners argue for a commissioner's appointment under cpc. (Para 3 , 5 , 6) |
| 3. court clarifies limitations on appointing a commissioner strictly for evidence collection. (Para 4 , 7 , 9 , 10 , 11 , 12) |
| 4. final ruling: dismissing writ petitions based on merit. (Para 13) |
Order
23/07/2025
1. Both the writ petitions arise out of orders dated 08.11.2019, though passed separately, in two different suits being Civil Original Suit No.15/2019 (Devi Lal v. Govindam & Ors.) and Civil Original Suit No.14/2019 (Devi Lal v. Smt. Anju Devi & Ors.) both pending before the learned Civil Judge, Kuchaman City, whereby the applications filed by the petitioners-plaintiffs under Order XXXIX, Rule 7 of C.P.C. seeking appointment of a Commissioner have been rejected. Since, the issue raised in both the suits is common and pertaining to the same area and even the orders impugned in both the cases pertained to the decision upon the same applications and has been decided based upon the same reasoning and logic, both the petitions are being decided together.
2. Shorn of unnecessary details, the briefs facts, re
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