Jand Singh vs Sardool Singh and Another

Paramjeet Singh, J.—Instant revision petition, under Article 227 of the Constitution of India, has been filed against the order dated 13.10.2012 (Annexure P-9) passed by learned Civil Judge (Junior Division), Ferozepur, and the order dated 1.5.2013 (Annexure P-11) passed by learned Additional District Judge, Ferozepur, whereby the application moved by the petitioner/plaintiff under Order 39 Rules 1 and 2 CPC has been dismissed. Heard.

Both the Courts below have concurrently held against the petitioner as he has no case and no irreparable loss will be caused to the petitioner for want of injunction. Both the orders have been passed after appointing the Local Commissioner to identify the passage at the spot.

Learned counsel for the petitioner contends that Local Commissioner cannot be appointed to identify the passage. In support of his contention, learned counsel for the petitioner relies on the judgment of Andhra Pradesh High Court in Jayalakshmi Constructions and Another Vs. Nawab Behboob Ali Khan and Others,

I have considered the contention raised by the learned counsel for the petitioner and perused the record.

Hon''ble Supreme Court in Haryana Waqf Board Vs. Shanti Sarup and Others, has categorically held that to resolve the controversy court is competent to appoint a Local Commissioner for demarcation of the property.

In view of this, I do not find any illegality or perversity in the impugned orders. Dismissed. However, trial court is directed to expedite the trial as early as possible.