MOHD. ASHRAF Vs. MOHD. RAZAK

JUDGEMENT

(1.) This is a Civil Revision Petition filed under Article 227 of the Constitution of India for setting aside the order dtd. 20/7/2024 (Annexure P-6) passed by the Civil Judge (Junior Division), Malerkotla whereby the application of respondent No.1 for the appointment of a Local Commissioner has been allowed.

(2.) Brief facts of the present case are that the respondent No.1 had filed a suit with the following prayers:-

(3.) In the plaint, it was stated that the plaintiff-respondent No.1 had purchased a property measuring 1318.38 square yards with specific boundaries vide registered sale deed dtd. 7/7/2009 and the said property of the plaintiff abuts a passage of 35' wide towards the eastern side and 30' wide towards the northern side. It is averred that towards the eastern side of the property of the plaintiff, the defendant No.1/petitioner had purchased property vide sale deed dtd. 22/10/2014 and that he had encroached upon a part of the street fully depicted in the site plan and the said act of the petitioner was decreasing the area of the street. It was further averred in the plaint that defendant No.1/petitioner also used to place bajri, sand, heavy vehicles etc. on the above mentioned street and thus used to block the said street and that defendant No.1-petitioner had also raised an illegal basement in the property without taking any permission from defendant No.2- Municipal Committee, Malerkotla.