Temporary Injunction

Querist : Anonymous (Querist) 07 December 2010 This query is : Resolved
R/Experts,
I have filed suit for perpetual injunction against neighbour,for not to construct house on open space,because I possess adjacent land.First I want to measurement of both land (Including my land)to fix the boundaries and then the construction of neighbour.But the neighbour did not give response on my suggestion,hence I filed suit.Now matter is posted for hearing on temporary injunction.The following question have arise before me.
Can I give application before Hon'ble Court to measure the suit land prior to hearing on application of T.I.?

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Advocate Bhartesh goyal (Expert) 07 December 2010
Yes,You can file application U- O 39 R 7of c.p.c for inspection of disputed site.

s.subramanian (Expert) 07 December 2010
Yes. You seek the appointment of a commissioner invoking Order 26 Rule 9 of CPC.

Arvind Singh Chauhan (Expert) 07 December 2010
Yes you have both options as suggested by above learneds.

Khaleel Ahmed Mohammed (Expert) 07 December 2010
I agree with Mr.Subramanian. If you file the petition before the ourt,Commissioner may be appointed for required purpose.

Praveen Kumar Tewari (Expert) 07 December 2010
I agree with mr. Khalil

Kirti Kar Tripathi (Expert) 07 December 2010
yes, you can make application for appointment of commissioner for inspection and furnishing of inspection report.

Devajyoti Barman (Expert) 07 December 2010
Yes, you can but it is advisable that you first obtain the ad-interim order of injunction and then ask for appointment of commissioner.