Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 7910 of 2017 Petitioner :- Smt. Shakuntala Devi (Since Dead) And 8 Others Respondent :- Smt. Jameela Begum Counsel for Petitioner :- Satya Prakash Singh,Bajrang Bahadur Singh
Hon'ble Mahesh Chandra Tripathi,J.
The plaintiff-petitioners are before this Court assailing the order dated 15.11.2017 passed by the Addl. District Judge, Court No.18, Meerut by which the Application No.32-C filed by the petitioners for appointment of commission to ascertain the actual position and distance of the land in dispute has been rejected. It is further prayed for a direction to the court concerned to allow the application No.32-C filed by the petitioners in Civil Appeal No.162 of 2013 (Smt. Shakuntala & Ors. v. Smt. Jameela Begum & Ors.).
Learned counsel for the petitioners has challenged the impugned order on the ground that appeal is continuation of suit and whatever remedy is available to a litigant during suit proceeding, the same is also available at the appellate stage. Once the petitioner had found that in the present matter the actual position and distance of the disputed property was required to be determined, he has proceeded to move such application but the rejection of the same in arbitrary manner by the appellate court on the wrong notion is not justified and as such this Court should come for rescue and reprieve of the petitioners.
The Court has proceeded to examine the record in question and find that while passing the impugned order the court below has considered the judgments passed by the Apex Court as well as various High Courts in which it is propounded that no such commission can be issued, whose motive is to collect the evidence. The appellate court further observed that the original suit has been instituted way back in the year 1993 and after lapse of more than 24 years no interference is required in the matter.
Considering the facts and circumstances of the case, this Court does not find any infirmity or illegality in the order impugned passed by the court below to invoke the supervisory jurisdiction of this Court under Article 227 of the Constitution of India.
Consequently, the writ petition sans merit and is accordingly dismissed.
Order Date :- 28.11.2017 SP/