Karan Singh v. Nawal Singh

t' #A-64 o/o 24.1-O.2O1-L Present: Mr. Sudhir Nandrajog, Sr. Advocate with Mr. Dhanjai Rana, Advocate for the petitioner. + CM No. 1-97O6/2O1-1- (exemption) in CM(M) No. L2s9l20LL * Exemption allowed subject to just exceptions. CM(M) No. L259/2O1L ', The order impugned before this court is the order dated t2.09.2011vide which a finding prima facie was found in favour of the plaintiff, the defendants had been iqjuncted/restrained from interfering with the possession of the suit property. Petitioner is aggrieved by this order. Contention of the petitioner is that the plaintiff is not in physical possession of the suit properW; it is the defendant who is in possession of the same. He prays that a local commissioner be appointed to verify this factum. After some arguments, learned counsel for the petitioner seeks permission of this court to withdraw this petition with liberty to move an appropriate application under Order: 26 Rule 9 of the Code of Civil Procedure (hereinafter referred to as the n Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. Ir ^-Y 'the Code') to get a commission executed for the said purpose; he is granted permission to do so before the First Appellate Court who has passed the impugned order; needless to state that after receiving the report of the Local Commissioner, the First Appellate Court shall pass an order afresh on the application under order 39 Rules 1 & 2 of the Code i.e. if it is so required. It is further needless to state that notice of the application under Order 26 Rule 9 of the Code would be issued to the non-applicant/plaintiff before passing any such order. With these directions, petition is disposed of. Copy of the order be given dasti under the signatures of I the Court Master Il^-z V INDERMEET KAU& J October 24,zOLl., rb ,\