MAHENDER SINGH Vs. RAJ PAL

JUDGEMENT

(1.) This is a revision petition filed under Article 227 of the Constitution of India for setting aside the impugned order dtd. 25/3/2021 (Annexure P-5) passed by the Civil Judge (Junior Division), Gurugram, whereby the application filed by the plaintiff/petitioner praying to demarcate suit land and report about state of affairs existing thereupon by appointing Local Commissioner; with revenue background; has been dismissed.

(2.) It is submitted by the counsel for the petitioner that the application moved by the petitioner for appointment of a competent Local Commissioner to submit a report regarding demarcation of the property; has wrongly been declined by the Court below; on twin grounds, namely, that the plaintiff had already got the land demarcated and that the petitioner has not disclosed the said fact in the plaint, and hence, he has not come to the Court with clean hands. The counsel has further submitted that all the reasons given by the Court below; are totally irrelevant. Since, it is a suit for injunction, therefore, the demarcation report got by the petitioner privately before filing of the suit; is otherwise also not relevant for the decision of the suit. Since, the demarcation report obtained before filing of the suit was not relevant, therefore, non disclosure of the same in the plaint is also totally inconsequential. Qua the necessity of the report, the counsel for the petitioner has pointed out that the petitioner is claiming injunction qua khasra No.22/3, whereas, the respondents are owner of khasra No.22/2. Since, both these sub khasra numbers were carved out during partition; out of the same khasra No.22, therefore, the decision of the suit would, essentially, require the demarcation of the property. Moreover, the proceedings of the suit are at initial stage. Therefore, the petitioner had rightly moved the application, which has been dismissed by the Court below; without any justifiable reason.

(3.) In view of the order, which this Court intends to pass herein below, it is not considered appropriate to issue notice to the other side.