ARUN BHANSALI,J. - (1.) THIS writ petition is directed against the order dated 13.11.2014 passed by the trial court, whereby, the application filed by petitioner under Order XXVI, Rule 9 CPC seeking appointment of Commissioner has been rejected.
(2.) THE petitioner filed a suit for permanent injunction against the respondents, inter alia, claiming that he purchased a property through registered sale deed and constructed boundary wall, shops and some other construction thereon and the respondent defendant was trying to construct a road over the property in question without due process of law and, therefore, a restraint was sought from constructing the road or to interfere with the land of the petitioner.
(3.) THE application filed by the petitioner under Order XXXIX, Rule 1 and 2 CPC was accepted and it was directed that status quo be maintained; the appeal filed by respondent against the order dated 18.01.2010 was dismissed by the appellate court on 30.08.2012. It is alleged that on 04.10.2014 the respondent disobeyed the order passed by the courts below and encroached over the land in question and that the petitioner has already initiated proceedings under Order XXXIX, Rule 2A CPC.;