Tulsiram S/O Sh. Ghasi Lal Verma vs Nandlal Verma S/O Late Sh. Ghasi ...
2021 Latest Caselaw 6779 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

               S.B. Civil Writ Petition No. 25732/2018

Tulsiram S/o Sh. Ghasi Lal Verma, Aged About 63 Years, R/o 64,
Laxmi Nagar, Hatwada Road, Jaipur (Raj.)
                                                                    ----Petitioner
                                    Versus
1.      Nandlal Verma S/o Late Sh. Ghasi Lal Verma, R/o 64,
        Laxmi Nagar, Hatwada Road, Jaipur (Raj.)
2.      Rameshwar Lal S/o Sh. Ghasi Lal Verma, R/o 64, Laxmi
        Nagar, Hatwada Road, Jaipur (Raj.)
3.      Shankarlal S/o Late Sh. Ghasi Lal Verma, R/o 64, Laxmi
        Nagar, Hatwada Road, Jaipur (Raj.)
                                                                 ----Respondents

For Petitioner(s) : Mr. Tulshiram, petitioner in person For Respondent(s) : Mr. Amit Sharma

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

22/11/2021

Instant writ petition has been filed by the petitioner

challenging the order dated 23.10.2018, whereby the learned Trial

Court has appointed the Court Commissioner for partition of the

disputed property and to prepare the demarcation report with the

help of the certified architect.

Brief facts of the case are that the learned Trial Court vide

judgment and decree dated 26.05.2011 decreed the partition suit

filed on behalf of the respondent-plaintiff and also prepared the

preliminary decree. Thereafter, the Court Commissioner submitted

its report dated 13.01.2013 before the learned Trial Court and the

petitioner submitted objections before the learned Trial Court with

(2 of 3) [CW-25732/2018]

regard to report of the Court Commissioner dated 13.01.2013.

Thereafter, while preparing the final decree, the learned Trial Court

again appointed the Court Commissioner as on the basis of earlier

report, the partition was not possible. The learned Trial Court

further directed the Court Commissioner to prepare the report

regarding the partition with the help of certified architect vide

order dated 23.10.2018. Being aggrieved by the order dated

23.10.2018, the present writ petition has been filed by the

petitioner.

Petitioner submits that there is no need to appoint the Court

Commissioner as the earlier report of the Court Commissioner is

placed on record before the Trial Court. Petitioner further submits

that by appointing the Court Commissioner a-fresh proceedings

would further delay the matter before the learned Trial court.

Counsel for the respondents opposed the writ petition.

Heard the petitioner in person as well as the counsel for the

respondents and perused the record.

This writ petition filed by the petitioner deserves to be

dismissed; for the reasons, firstly, the Commissioner has been

appointed by the learned Trial Court as on the basis of report of

earlier Court Commissioner, the partition of the property is not

possible as the description of the property was not proper in the

earlier report, secondly, with the appointment of the fresh Court

Comissioner, the learned Trial Court has also directed the Court

Commissioner to take help of certified architect, for preparation of

coloured map which would be helpful for the Trial Court to prepare

the final decree, thirdly, the petitioner himself has objected to the

earlier report of the Court Commissioner and has submitted

objections with regard to the report submitted by the Court

(3 of 3) [CW-25732/2018]

Commissioner dated 13.01.2013, lastly, considering the facts and

circumstances of the present case, I am not inclined to exercise

the jurisdiction of this Court under Article 227 of the Constitution

of India.

Hence, the present writ petition stands dismissed.

(INDERJEET SINGH),J

Upendra Pratap Singh /11

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