- (1.) Present revision petition under Article 227 of the Constitution of India for setting aside order dated 09.07.2015 [Annexure P/7], whereby application filed by the plaintiff for appointment of Local Commissioner has been dismissed.
(2.) Learned counsel for the petitioner submitted that the Court below has completely ignored the fact that the real dispute is regarding demarcation of the property which can certainly be resolved by appointment of a Local Commissioner with a direction to visit the spot in the presence of both the parties and after giving notice to them, but the Court below declined the said prayer and the present petition be accepted and the impugned order be set-aside. On this point reliance has been placed on the judgment of Hon'ble Supreme Court in Haryana Wakf Board and Shanti Sarup & Ors. 2008(8) SCC 671; and decisions of this Court in Banarsi Das Vs. Sardha Ram and others,2015 9 RCR(Civ) 590 , and Akal Educational Society Vs. Madan Lal,2012 1 LawHerald(P&H) 923.
(3.) While arguing on this point, learned Counsel for the respondents submitted that the Court below has already decided the application for appointment of Local Commissioner and it is not the job of the Court to create evidence for the parties. More so, against order of appointment of Local Commissioner, revision petition is not maintainable. On this point, reliance has been placed on the judgments from Co-ordinate Benches of this Court in Syed Iftisar Ahmed Sajjadanashin and Khaliffa Vs. Syed Mohd Yahiya and Anr.,1991 99 PunLR 409 and Vinod Kumar Vs. Gram Panchayat of Village Kheri Naru and others, 2008 1 RCR(Civ) 697.;