Sangeet Lodha, J. - (1.) This writ petition is directed against the order dated 30.6.14 passed by the Civil Judge (Junior Division), Kuchaman City, District Nagaur, whereby an application preferred by the petitioners for appointment of the Commissioner for inspection of the site, stands rejected.
(2.) Learned counsel submitted that there exists no dispute between the parties in respect of measurements of disputed property and the plaintiff is residing in the portion of the property which fell in his share. Learned counsel submitted that for complete and effective adjudication of the dispute between the parties, it is absolutely necessary that the Commissioner is appointed so that the factual position existing at the site may come on record.
(3.) A perusal of the order impugned passed by the court below reveals that no dispute exists in between the parties in respect of measurements of the disputed property and the neighbourhood thereof and thus, taking into consideration all the relevant aspects of the matter, the court observed that the Commissioner cannot be appointed for collection of evidence in favour of the parties to the proceedings.;