SYED MUSHTAQUE AHMAD Vs. SYED ASHIQUE ALI KHAN

JUDGEMENT

(1.) Rule with the consent of the parties made returnable forthwith and heard.

(2.) The above petition filed under Articles 226 and 227 of the Constitution of India takes exception to the order dated 01/04/2011 passed by 4 th Joint Civil Judge, Junior Division, Achalpur, by which order the application filed by the respondent for appointment of Court Commissioner came to be allowed and the Taluka Inspector of Land Records was appointed as Court Commissioner to report regarding location and possession of the suit site A,B,C,D and whether there is any construction going on.

(3.) Facts in brief can be stated thus The petitioners herein are the original plaintiffs in Regular Civil Suit No.19/2002 wherein the main substantive relief claimed is the declaration of the said sale deed dated 12/01/2000 as null and void and for its cancellation. The petitioners plaintiffs have also prayed that they be put in possession of suit site A,B,C,D shown in amended plaint map, after demolishing the whole construction thereon. The consequential relief of injunction that the respondent defendant No.1 should not construct on suit site at any time was also sought by the plaintiffs. The respondent herein, who was the defendant No.1, in the said suit along with other defendants filed their written statement wherein they have denied the claims and contentions of the plaintiffs. It appears that the application for temporary injunction filed by the petitioners came to be rejected and it was held that the defendant i.e. the respondent herein is in possession of the suit property in question.