ASHOK KILEDAR Vs. MUNICIPAL COUNCIL, GUNA

JUDGEMENT

(1.) THIS petition under Article 227 of the Constitution of India inter alia assails order dated 10.02.2014 passed in Civil Suit No.41A/2013 by First Civil Judge Class -II, Guna partly rejecting an application of the plaintiff filed under Order 26 Rule 9 of the Code of Civil Procedure by rejecting the prayer for demarcation of both the lands situated at Survey Number 700/4 (belonging to the plaintiff) and Survey Number 704 (belonging to Abdul Jabbar).

(2.) LEARNED counsel for petitioner is heard on the question of admission.

(3.) LEARNED counsel for petitioner relying upon the decisions in the cases of Heeralal Vs. Thakur Das, 2003 3 MPHT 347; and Haryana Waqf Board Vs. Shanti Sarup and Others, 2008 4 MPHT 306 contends that joint demarcation of the abovesaid survey numbers was necessary since it is essential to ascertain the extent of encroachment made by the parties.