DALBIR AND OTHERS Vs. SATBIR SINGH AND OTHERS

JUDGEMENT

(1.) Petitioners have invoked the revisional jurisdiction of this Court under Article 227 of the Constitution of India to challenge the order dated 25.09.2014, passed by the trial Court appointing local commissioner to demarcate the disputed khasra numbers. The suit is filed by respondents no. 1 to 9 before the trial Court for possession by way of partition. It is stated that the plots mentioned in para 2(i) of the plaint is part of khasra no. 244//90/5 and plot mentioned in para no. 2(ii) bears khasra no. 244/115 and plot mentioned in para 2(iii) is forming part of khasra no. 244/113/2/1. It is stated that contesting respondents have disputed the aforesaid allegation of fact that the plot mentioned in para 2(i) and 2(iii) are part of khasra number aforesaid. Since there is serious dispute about location and identity of suit property it was required to demarcate the land mentioned in para no. 2 (i) and 2 (iii) of the plaint for which revenue official was appointed as a local commissioner. The trial Court has observed as under:-

(2.) I have heard learned counsel for the petitioners and carefully perused the impugned order and the paper-book.

(3.) It was vehemently contended by learned counsel for the petitioners that the parties have already concluded evidence and the case was fixed for 21.05.2014, when the application culminating in the impugned order was passed. It was contended that the evidence sought to be led could be produced by the appellant in affirmative only.