ORDER 1. Being aggrieved by the order dated 19.10.2010 passed by Civil Judge, Class-II, Garoth, District-Mandsaur in civil suit No. 1-A/2008 whereby application filed by the petitioner under Order XXVI Rule 9 CPC was dismissed, present petition has been filed. 2. Short facts of the case are that petitioner filed a suit for possession against the respondents alleging that petitioner is owner of land bearing survey No. 26/3. It was alleged that respondents are in occupation of a strip of land measuring 20x160 sq. ft. It was prayed that decree for possession be passed. During pendency of suit an application was filed by the petitioner under Order XXVI Rule 9 CPC for appointment of Commissioner. The application was opposed and was dismissed by the learned Court below against which present petition has been filed. 3. Learned counsel for the petitioner submits that since the dispute was relating to agricultural land, therefore, learned Court below ought to have appointed Commissioner for spot inspection. Learned counsel placed reliance on a decision in the matter of Haryana Waqf Board v. Shanti Sarup 2009 (I) MPWN 9 wherein Hon’ble Apex Court has held that dispute as to encroachment of land and application is filed to appoint Commissioner for investigation on spot, such application should be allowed. Learned counsel further placed reliance on a decision in the matter of Prembai (Smt.) v. Ghanshyam 2010 (2) JLJ 271 wherein this Court has held that in a suit for injunction, open space between house and plot, the dispute as to enroachment, spot inspection report should be called for by appointing Commissioner. It is submitted that petition filed by the petitioner be allowed and the impugned order passed by the learned Court below be set-aside. 4. After taking into consideration all the facts and circumstances of the case, petition filed by the petitioner is disposed of with a short direction that petitioner shall adduce the evidence first, thereafter shall move an appropriate application for appointment of Revenue Officer as Commissioner alleging that the dispute is with regard to open land. If such an application is filed, then, learned Court below after giving an opportunity of hearing to the respondent shall decide the same keeping in view the fact that whether to decide the dispute between the parties final report of Revenue Officer after spot inspection will assist the Court is necessary. 5. If such an application is filed, then, learned Court below after giving an opportunity of hearing to the respondent shall decide the same keeping in view the fact that whether to decide the dispute between the parties final report of Revenue Officer after spot inspection will assist the Court is necessary. 5. With the aforesaid observation, petition filed by the petitioner stands disposed of.C.C. as per rules.