Vijay Bishnoi, J.:— This writ petition has been filed by the petitioner with a prayer for quashing the order dated 01.06.2016 passed by the Senior Civil Judge, Makrana (hereinafter referred to as “the court below”), whereby the objections filed by the petitioner in relation to the commissioner's report, have been rejected.
2. Learned counsel for the petitioner has submitted that the petitioner has sufficiently demonstrated before the court below that the commissioner's report is based on incorrect facts and biased. The court below has not taken into consideration the said objections in right perspective and illegally rejected the application filed by the petitioner vide impugned order. It is also submitted that the petitioner apprehends that, in view of the commissioner's report, the court below will not consider the oral and documentary evidence to be produced by the petitioner to prove his possession over the land in question while deciding application for temporary injunction or the suit finally.
3. Heard learned counsel for the petitioner and perused the impugned order.
4. The court below in the impugned order clearly observed that the parties are required to prove their case by producing reliable, cogent and independent evidence and they are not required to rely on the commissioner's report only.
5. From the said observations of the court below, it can be presumed that the court below is not going to decide the rights of the parties solely on the basis of the commissioner's report but will also take into consideration the evidence produced by the parties concerned in relation to their rights. The apprehension of the petitioner that the court below will pass orders only on the basis of the commissioner's report is unfounded.
6. Hence, I do not find any merit in this writ petition and the same is hereby dismissed.
7. Stay petition also stands dismissed.
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