- (1.) This writ petition has been filed by the petitioner aggrieved against the order dated 25.11.2019 passed by the trial court, whereby the application filed by the petitioner under Order XXVI, Rule 9 CPC has been rejected.
(2.) The suit was filed by the petitioner for permanent injunction, the application was filed after five years, seeking appointment of Commissioner with the contention that based on the pleadings of the parties, there was dispute pertaining to the subject matter of the suit and therefore, the Commissioner be appointed.
(3.) The application was resisted by the defendants.;