- (1.) This writ petition has been filed by the petitioner aggrieved against the order dated 27.03.2015 passed by the trial court, whereby the application filed by the petitioner under Order 39, Rule 7 CPC has been rejected.
(2.) The dispute between the parties resulted in appointment of Commissioner in the suit filed by the respondents, wherein the Commissioner was appointed, who gave report that the disputed way was closed. The status quo order was passed by the trial court, whereafter, it was alleged that the way was opened and application under Order 39, Rule 2A CPC was filed only again a Commissioner was appointed to give the report that the way had been opened.
(3.) In the subsequent suit filed by the Hari Ram, Commissioner was appointed, who gave a report, which was challenged by the petitioner in the S.B. Civil Writ Petition No.6699/2011. This Court while deciding the writ petition consolidated both the suit, one filed by Ganpat Ram and another filed by Hari Ram, and left it open for the petitioner to file objections to the Commissioner's Report. After decision of the writ petition on 24.02.2012, the objections were filed on 14.08.2013 and petitioner sought appointment of another Commissioner.;