IJAZ AHMAD CHAUDHRY, J.---Through this civil revision under section 115, C.P.C. The petitioner has sought setting aside the order dated 22-5-2010 passed by the learned Additional District Judge, Faisalabad by virtue of which the confirmation of stay order passed by learned Civil Judge; Faisalabad dated 14-11-2009 was set aside.
2. The learned counsel for the petitioner contends that the impugned order dated 22-5-2010 has been passed mere on technical grounds and without considering the merits of the case. It is an admitted fact that the street is 20 feet wide and the respondent wants to encroach the street, thus, the learned Additional District Judge, Faisalabad has reversed the findings of the learned trial Court without giving any cogent reasons. The order of the learned trial Court was well reasoned and speaking which ought not to have been set aside. On the other hand the learned counsel for the respondent contends that the petitioner is residing in street No, 11 while the street in dispute is street No,
10. The petitioner has no concerned whatsoever with the street. The petitioner is not possessed any proof that the street is twenty feet wide rather the respondent is equipped with Revenue Record to prove that the street in question is ten feet wide.
3. After hearing the learned counsel for the parties and going through the documents appended with this petition I have noticed that the factual position in this case has not been appreciated by the learned Additional District Judge, Faisalabad. So much so the logic given in the impugned order dated 22-5-2010 that the respondent can raise construction over the disputed parcel of land does also not appeal to a prudent mind as ultimately if the respondent fails will have to demolish the construction which will of course cause financial damage to him. Although this is not a lit stage to go deep into the matter but to resolve this initial controversy this Court deems it lit to resolve this issue by appointing a local commission. This civil revision is, therefore, accepted and the impugned order dated 22-5-2010 passed by learned Additional District Judge, Faisalabad is set aside. The Local Commission shall examine the spot and shall submit report before the learned trial Court who shall decide this issue in the light of report to be submitted by the local commission. The parties are directed to approach the learned trial Court in this regard.