By preferring this writ petition under Article 227 of the constitution of India, the petitioner original defendant of Regular Civil Suit No. 279 of 2010 has challenged the order made below Application Exh. 17 dated 29th February 2012 denying his request to appoint Court Commissioner for the purpose of local investigation under Order 26 Rule 9 CPC.
It is the say of the learned advocate that on the very same date, his application for injunction also has been denied and being aggrieved by that, the petitioner has preferred Civil Misc. Appeal No. 11 of 2012 before the learned District Judge. In the said Appeal also, his application for injunction has been rejected, however, main appeal is yet to be adjudicated upon. Therefore, he is seeking liberty to permit him to approach the appellate Court which is yet to hear the Appeal finally. Such liberty is granted. In the event of any difficulty, he is also permitted to move this Court in the future.
It is specified that this Court has not expressed any opinion on the merit of the order impugned.
Special Civil Application stands disposed of as withdrawn.
{Ms.
Sonia Gokani, J.} Prakash* Top