Neutral Citation No. - 2025:AHC-LKO:43975 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 4362 of 2025 Petitioner :- Pratap Singh Respondent :- Rajendra Singh Counsel for Petitioner :- Prashant Singh Gaur,Vikrant Singh Hon'ble Pankaj Bhatia,J. 1. Supplementary affidavit filed today in Court is taken on record. 2. Present petition has been filed by the petitioner challenging the order dated 30.05.2025 whereby the application filed by the petitioner at the appellate stage being Application No.C-52 has been rejected. 3. Contention of learned counsel for the petitioner is that a suit for permanent injunction was filed. In the said suit, a map was also annexed in which the property of the defendant, the present petitioner, was admitted. It is argued that the suit in question was decreed on 18.10.2013 in which a mandatory injunction was granted. 4. Aggrieved against the said judgment, an appeal has been filed. During the pendency of the appeal, an application for issuance of Commission for elucidating the facts was moved which has been rejected. 5. Considering the fact that the claim of the appellant is based upon the ownership rights, the same have to be established by means of the evidence. Order 26 Rule 9 CPC can be invoked only by the Court in case any facts are elucidated for the proper adjudication. 6. It is further argued that the petitioner had also filed an application under Order 26 Rule 9 CPC before the Civil Judge concerned, however, no orders were passed thereupon. 7. All these issues can be raised when the appeal is heard finally. No good ground for interference is made out. 8. It is further clarified that the petitioner would be entitled to take all the grounds including the rejection of the application when the appeal is finally decided and in case the same is decided against him. 9. Present petition stands dismissed in above terms. Order Date :- 30.7.2025/nishant Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench