Court No. - 19
Case :- MATTERS UNDER ARTICLE 227 No. - 1189 of 2018 Petitioner :- Balwan Singh Respondent :- State Of U.P Through Collecltor And 03 Others Counsel for Petitioner :- Ramesh Chandra Yadav,Sanjeev Kumar Yadav Counsel for Respondent :- C.S.C.,Mahesh Narain Singh
Hon'ble Manoj Kumar Gupta,J.
By means of the instant petition under Article 227 of the Constitution, the petitioner has challenged the order dated 1.9.2017 passed by the Civil Judge (Jr.Div.)/Fast Track Court, Meerut, in Original Suit No. 2/2016 and the order dated 5.10.2017 passed by the District Judge in Civil Revision No. Nil of 2017. By order dated 1.9.2017, the trial Court has rejected the application filed by the petitioner, who is plaintiff in the suit for issuing a court commission to find out as to over how much area, the defendant No. 4 is in possession. The trial Court has observed that the commission could not be sent for collecting evidence for the plaintiffs. The Revisional Court has dismissed the revision by holding that the order impugned in the revision was an interlocutory one and not amenable to revisional jurisdiction.
It cannot be disputed that the issuance of a commission or its refusal is within the discretion of the trial Court. At this stage, this Court is not inclined to interfere in exercise of its constitutional power under Article 227 of the Constitution with an order of such nature. However, it is left open to the petitioner to challenge the order of the trial Court in case, the occasion so arises along with the final judgment passed by the trial Court.
The petition is accordingly dismissed.
(Manoj Kumar Gupta, J.) Order Date :- 26.2.2018 AM/-