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Judgment
C. V. Bhadang, J
By this petition, the petitioner is challenging the order dated 15.3.202 below Exh.D-91 passed by the trial Court in Regular Civil Suit No. 6 of 2019.
By the impugned order, an application under Order 7 Rule 14 of CPC filed by the applicant for appointment of a Commissioner to visit the site and to report about the existence or otherwise of the construction has been rejected.
It is undisputed that the trial in the suit is over and suit is at a concluding stage.
The learned Counsel for the respondent states that as per his instructions arguments have also been heard and the suit is now fixed for pronouncement of the judgment.
Be that as it may, considering the fact that the parties had benefit of leading oral evidence on the issues as raised in the civil suit and considering the advanced stage at which the suit has reached, I do not find any reason to interfere with this order. Accordingly, the Writ Petition is disposed of. Needless to mention that the petitioner may raise ground about rejection of the application in an appeal, if the final judgment and decree is against the petitioner, in consonance with the provisions of section 105 of the C.P.C.