Court No. - 30
Case :- MATTERS UNDER ARTICLE 227 No. - 5127 of 2018 Petitioner :- Narendra Kumar Goel And Another Respondent :- Bhavesh Kumar Counsel for Petitioner :- Brahma Kumar Tiwari
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioners and perused the record.
Present petition has been filed challenging the order dated 8.5.2017 passed by the Additional District Judge, Court No. 2, Muzaffar Nagar in SCC Revision No. 13 of 2016 (Narendra Kumar & another vs. Bhavesh Kumar) and the order dated 19.5.2016 passed by the Civil Judge (Senior Division)/FTC, Muzaffar Nagar in SCC Suit No. 31 of 2009 (Narendra Kumar & another vs. Bhavesh Kumar).
By the impugned order dated 19.5.2016, the application filed by the petitioner for summoning the report of advocate commissioner has been rejected by the trial Court. Revision filed against the same was also rejected.
It is settled law that commissioner report cannot be permitted to collect evidence.
After some arguments, learned counsel for the petitioners submit that the petitioners may be permitted to withdraw the present petition with liberty to challenge the aforesaid order at the time of challenging the final order, if the need so arises.
Present petition is accordingly dismissed with liberty aforesaid.
Order Date :- 30.7.2018 Abhishek