Vijay Bishnoi, J. - (1.) THE instant writ petition has been preferred by the petitioner against the order dt. 16.05.2013 passed by the Civil Judge (Jr. Division), Sri Karanpur, District Sri Ganganagar (for short 'the trial Court' hereinafter), whereby the application preferred by the petitioner under Order 26 Rule 9 read with Section 151 C.P.C. for appointment of the Court Commissioner has been rejected. Brief facts of the case are that the petitioner -plaintiff preferred a suit for permanent injunction while alleging that respondent No. 1 - Executive Engineer, Irrigation Department is going to construct a pakka water course in Murabba No. 37, wherein the agriculture land of the petitioner is situated. It is alleged that in Killa Nos. 20 and 21 of Murabba No. 37 Mango and Blackberry trees are planted and the respondents want to cut the said trees, though the same are not obstructing the construction of pakka water course. It is prayed that the respondent -defendants may be restrained from cutting the Mango and Blackberry trees situated in Killa No. 20 and 21 of Murabba No. 37.
(2.) IN the written statement filed on behalf of the defendants, it is mentioned that for the purpose of construction of pakka water course, those trees planted on the agriculture land of the petitioner are required to be removed and the petitioner -plaintiff would be compensated for the same. The petitioner -plaintiff has moved an application under Order 26 Rule 9 read with Section 151 C.P.C. and prayed that Court Commissioner may be appointed for the physical verification of the site. The application was opposed by the defendants while claiming that they are admitting the contention of the petitioner that the Mango and Blackberry trees are required to be cut for the purpose of construction of pakka water course, then in such situation, there is no requirement of appointing any Court Commissioner for physical verification of the site.
(3.) AFTER considering submissions made on behalf of the parties, the learned trial Court proceeded to reject the application of the petitioner for appointing the Court Commissioner and held that there is no dispute regarding the fact that Mango and Blackberry trees exist on the agriculture land of the petitioner and they are required to be removed for the purpose of construction of pakka water course, the petitioner has failed to make out any case for appointment of the Court Commissioner.;