Citation : 2021 Latest Caselaw 5544 Raj/2
Judgement Date : 1 October, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 11107/2021
Kailashchand Sharma S/o Shri Kanhaiya Lal, Aged About 57
Years, R/o Plot No. 131, Sindhi Colony, Rajapark, Jaipur.
----Petitioner
Versus
1. Tejumal S/o Late Shri Gullomal, R/o Plot No. 130, Sindhi
Colony, Rajapark, Jaipur.
2. Sitaram Sharma S/o Shri Kanhaiya Lal, R/o Plot No. 131,
Sindhi Colony, Rajapark, Jaipur.
----Respondents
For Petitioner(s) : Mr. Amit Jindal
JUSTICE DINESH MEHTA
Order
01/10/2021
1. By way of the present writ petition, petitioner has challenged
the order dated 06.03.2021 passed by the trial Court rejecting
petitioner's objection in relation to Commissioner report dated
09.07.2019.
2. In the opinion of this Court, supervisory jurisdiction of this
Court conferred by Article 226 and 227 of the Constitution of
India, cannot be invoked for the purpose of assailing the order by
which the trial Court has rejected objection in relation to
Commissioner report.
3. This Court does not deem it appropriate to entertain the
present writ petition in light of judgment of Hon'ble the Supreme
Court dated 07.08.2003 rendered in case of Surya Dev Rai Vs.
Ram Chander Rai & Ors. : [(2003) 6 SCC 675)].
(2 of 2) [CW-11107/2021]
4. The writ petition as well as the stay petition stands dismissed
accordingly.
(DINESH MEHTA),J
152-Amar/-
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