Ram Surat Ram (Maurya), J. - (1.) - Heard Sri Anirudh Sharma for the petitioners and Sri J.J. Munir for the respondents.
(2.) The petition has been filed for setting aside the order dated 9.3.2016 by which revision of the defendants has been allowed and the order of trial court dated 4.9.2014 issuing commission for spot inspection has been set aside.
(3.) The suit was filed in the year 2002 for cancellation of lease deed dated 17.6.1972 executed by Wazid Khan in favour of defendant-1 and for permanent injunction restraining defendants from interfering in their possessions over the land in dispute. The plaint was later on amended. It was stated that defendants have raised construction during summer vacation and relief was also amended and the relief for demolition of construction and possession was added. It was mentioned that prior to amendment commission was issued for spot inspection and the commissioner has submitted his report when there was no construction over the disputed land and disputed land was lying vacant. The said commissioner report has been confirmed subject to evidence of the parties. When the case was ripen up for final argument, at this stage the defendants moved an application for obtaining a fresh report of the commissioner regarding spot inspection. The reason in this application was that DW-1 in his statement has stated that one room was constructed over the property in dispute. The trial court by order dated 18.9.2014 issued commission for spot inspection. The plaintiffs filed an application for recall of the aforesaid order, which was rejected by the trial court by order dated 18.12.2014. The plaintiffs thereafter filed a revision i.e. Civil Revision No.91 of 2014 against the order dated 4.9.2014, which has been allowed by the revisional court by the impugned order 9.3.2016. Hence, this petition has been filed.;