Rajeshwar Prasad Verma v. Janardan Prasad Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10214 of 2014 ===========================================================
1. Rajeshwar Prasad Verma S/o Late Sukeshwar Pd. Verma resident of villageChandranagar- Ranko, P.S. and District- Khagaria .... .... Petitioner/s
Versus
1. Janardan Prasad Verma S/o Late Tilakdhari Verma, resident of villageChandranagar- Ranko, P.O. Koshi College, Khagaria, P.S. and District- Khagaria .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr. Parmeshwar Mehta For the Respondent/s : Mr.
=========================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL JUDGMENT Date: 27-06-2016 Heard learned counsel for the petitioner.
2. By the impugned order the learned court below has turned down the prayer made on behalf of the plaintiff-petitioner for appointment of Pleader Commissioner for making local inspection and measurement of the suit property.
3. Learned counsel for the petitioner has submitted that the measurement of the suit land is essential as the identity and location of the suit property is required to be done. It has, however, been not disputed that earlier the plaintiff had made a similar prayer for appointment of Pleader Commissioner and the same was rejected on 26.08.2013 by the learned court below.
4. After considering the submissions made on behalf
Patna High Court CWJC No.10214 of 2014 dt.27-06-2016 of the petitioner and perusing the materials on record including the impugned order, it is evident that the prayer for appointment of Pleader Commissioner for measurement of the suit land and local inspection of the suit land has been made at the stage when the final argument in the suit was going on. It is also evident that earlier similar prayer was turned down by the learned court below by order dated 26.08.2013. As such this Court is not inclined to interfere with the impugned order.
5. This writ application is, accordingly, dismissed. (V. Nath, J) Amin/- U