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Judgment
MANOJ K. TIWARI, J. (ORAL)
By means of this appeal under Order 43 Rule 1(s) CPC, appellants have challenged the order dated 31.05.2018 passed by learned Civil Judge
(S.D.), Haldwani, District Nainital in Civil Suit No. 31 of 2018, whereby learned court below appointed Advocate Commissioner for sealing the suit
property for the purpose of preserving and protecting the same during pendency of the suit.
Respondent filed a suit under Section 6 of Specific Relief Act alleging that appellants have forcibly taken possession of her plot of land situated in
Azadnagar, Haldwani, District Nainital. On 31.05.2018, learned trial court passed an order that suit property deserves to be sealed in order to preserve
and protect the same and appointed Advocate Commissioner for sealing the property. Thus feeling aggrieved by the said order, this appeal against
order has been filed by the appellants.
Heard learned counsel for the parties and perused the record.
I have gone through the order impugned in this appeal. Upon perusal of the order dated 31.05.2018 passed by learned trial court, I am of the opinion
that the said order does not call for any interference by this Court. Learned trial court has passed impugned order dated 31.05.2018 in order to
preserve the suit property in exercise of power under Order 39 Rule 7 CPC. Since learned court below has exercised its discretion available to it
under law, therefore, this Court is not inclined to interfere with the order passed by learned trial court.
In such view of the matter, there is no scope for interference in this appeal, therefore, the appeal fails and is hereby dismissed. However, having
regard to the facts and circumstances of the case, learned trial court is requested to decide the Original Suit No. 31 of 2018 as early as possible,
preferably within three months from the date of production of certified copy of this order.