Neutral Citation No. - 2025:AHC-LKO:40023 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 4079 of 2025 Petitioner :- Smt. Meera Devi Respondent :- Addl. Distt. Judge Court No. 9 Lko. And Another Counsel for Petitioner :- Shrawan Kumar,Nuzhat Ali Siddiqui Hon'ble Pankaj Bhatia,J. 1. Heard learned Counsel for the petitioner. 2. The present petition has been filed by the petitioner challenging the order whereby, the request for appointment of Commissioner under Order 26 Rule 9 of C.P.C. was rejected. 3. The facts in brief are that through an application filed in pending appeal, a prayer was made for appointment of Commissioner for ascertaining the title and possession of the property in question. The same is clearly beyond the scope of Order 26 Rule 9 of C.P.C. as it is well that the order 26 Rule 9 cannot be used for collecting evidence. 4. At this stage, no good ground for interference is made out. The writ petition is dismissed. 5. The petitioner would however be entitled to raise all such plead after the appeal is finally decided including the plea challenging the order impugned. Order Date :- 14.7.2025 akverma Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench