Writ petition disposed of regarding dismissal of application for appointment of Site Commissioner in a suit for recovery. HC found no error in trial court's order and dismissed the writ.
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[2023:RJ-JP:14718]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 4021/2021
Nathu Lal Sadhwani S/o Late Shri Lalchand, R/o House No. 6-Q21, Mahaveer Nagar Extension Yojana, Kota.
----Petitioner-plaintiff
Versus
Hemraj Meena S/o Shri Chaturbhuj Meena, R/o 570, Santoshi Nagar, Sighada Park Ke Saamne, Kota, Rajasthan.
----Respondent-defendant
For Petitioner(s) : Mr. Aman Kumar For Respondent(s) :
HON'BLE MR. JUSTICE GANESH RAM MEENA
Judgment / Order
18/07/2023
[2023:RJ-JP:14718]
[CW-4021/2021]
(2 of 3)
construction with several defects and contrary to the proposed map and the lay out plan.
[CW-4021/2021]
[2023:RJ-JP:14718]
(3 of 3)
sought any injunction in the matter. It is a well settled law that it is the discretion of the trial court to order for appointing a Commission for local investigations if it thinks fit for proper adjudication of the dispute.
(GANESH RAM MEENA),J
Sharma NK-Dy. Registrar/29
1 issue framed by the court
Whether this Court should interfere with the trial court's order dismissing the application for appointment of a Site Commissioner under Order 26 Rule 9 CPC as an abuse of process.
Nathu Lal Sadhwani
Hemraj Meena
Ganesh Ram Meena
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
