Court No. - 36
Case :- MATTERS UNDER ARTICLE 227 No. - 540 of 2019 Petitioner :- Union Of India Respondent :- Darul Ulum, Garibnevaj Rajendranagar Counsel for Petitioner :- Sharad Ranjan Nigam
Hon'ble Mrs. Sunita Agarwal,J.
The present petition is directed against an order dated 4.7.2017 whereby the First appellate court has affirmed the commission report paper no. 18Ga-2, after considering the objection of the petitioner/appellant in Misc. Civil Appeal No. 22 of 2015 (Union of India vs. Darul Ulum).
A perusal of the Amin report indicates that paper no. 18Ga, brought on record of the instant suit, indicates that the position of the spot in dispute, as found by him, was given with the sketch map of the exiting constructions over the disputed land.
In its objection, the appellant/petitioner has submitted that the Amin report is against the correct position on the spot, inasmuch as, it has not given the correct measurement of four sides of the site in question.
The First appellate court while rejecting the objections and affirming the Amin report has opined that the objection that the report has been filed without making survey of the site in question, was incorrect. Moreover, the objection of the petitioner to the Amin eport are not supported by any material on record and further that the Amin report is not a definite piece of evidence rather it is only one piece of the evidence which would be read alongwith other evidences led by the parties.
No infirmity is found in the said conclusion drawn by the First appellate court, while confirming the Amin report in the light of the objections taken by the appellant/petitioner.
No interference is required.
It is open for the petitioner to bring necessary documents on record to make out the case for grant of temporary injunction before the First appellate court in Misc. Civil Appeal No. 22 of 2015.
The present petition is, accordingly, dismissed. Order Date :- 28.2.2019 Brijesh