Arun Bhansali, J. - (1.) This writ petition under Article 227 of the Constitution of India has been filed by the petitioners aggrieved against order dated 18.04.2015 passed by the trial court, whereby, the application filed by the petitioners under Order 39, Rule 7 CPC read with Section 151 CPC has been rejected.
(2.) The petitioners filed a suit for permanent and mandatory injunction under Section 91 CPC against respondent No. 2, inter alia, alleging trespass on the land claiming the same to be part of public way and sought removal of encroachment from the said land.
(3.) During the pendency of the suit, the petitioners filed an application under Order 39, Rule 7 CPC read with Section 151 CPC (Annexure-4), inter alia, seeking appointment of competent person (Revenue Officer) for bringing on record the correct position of the site and direct the Commissioner to indicate the present status of the disputed way.;