LAKHWINDER SINGH Vs. GURUDWARA SHRI BER SAHIB

JUDGEMENT

(1.) Petition herein is under Article 227 of Constitution of India seeking quashing of order dtd. 18/12/2020 (Annexure P-8) vide which Local Commissioner has been appointed by the Additional Civil Judge, Senior Division, Sultanpur Lodhi for submitting the demarcation report.

(2.) Learned counsel for the petitioner submits that petitioner along with Surjit Singh and his wife Ranjit Kaur filed a suit for permanent injunction restraining the Defendant-Gurdwara from interfering in the peaceful possession of the petitioner/plaintiff over the land which is spot marked 'C. During pendency of the suit, respondent/defendant moved an application on 16/1/2013 for appointment of Local Commissioner to inspect the spot and submit a report and the said application was dismissed by the trial Court vide order dtd. 20/12/2018. Thereafter, petitioner was leading his evidence and the respondent/defendant again moved an application for appointment of local commissioner seeking demarcation of the land and the same was allowed by the trial Court vide impugned order dtd. 18/12/2020 (Annexure P-8).

(3.) Learned counsel for the petitioner contends that once the first application for appointment of Local Commissioner was dismissed by the trial Court vide order dtd. 20/12/2018 (Annexure P-5), which was never challenged, no fresh application for the same relief could be filed by the respondent/defendant. He further contends that it was specifically brought to the notice of the trial Court that earlier application had already been dismissed yet the fresh application for appointment of Local Commissioner has been allowed by the trial Court. Thus, the impugned order suffers from error of law and is liable to be set aside.