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Cpc order 39 rule 1,2 stay application

(Querist) 01 March 2013 This query is : Resolved 
In one aggriculture disputaed land, A have ragisterd banakhat aggriment, also with possession, A file a suit for specific perfomances suit for sale deed, and intrim injuction applicatin under cpc order 39 rule 1.2 in JMFC civil court, civil court reject the stay application only on the basis of that ground that, A not making the court commission under cpc sec 75, and thus for that reason, not clear the fact that whoes, in real possesson in the disputed land. A challange that order in appellate dist court, and also file a application for panchnama / cort commission application u/s sec 75 in appellate court, but appellate court now fix for hearing that application saying query that , Appellate court has no power for grangting thr commission application, in this situtaion what is leagle remedy for A to showing his possession in disputed land? any citation for that?
P. Venu (Expert) 01 March 2013
Please come up with the precise facts


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