NIRMAL KUMAR Vs. ARWINDER KAUR AND OTHERS

JUDGEMENT

(1.) The challenge in the present petition is to the impugned order dated 10.8.2015 (Annexure P-4) whereby the application moved by the petitioner-defendant No.6 for seeking indulgence of the court for appointment of Local Commissioner for demarcation of the property has been dismissed.

(2.) Mr. Sunil Chadha, Senior Advocate assisted by Ms. Swati Verma, Advocate appearing on behalf of the petitionerdefendant No.6 submits that it is now a settled law, as has been held by the Hon'ble Supreme Court in Shreepat Vs. Rajendra Prasad and othes, 2000 3 ICC 728 that where there is a dispute with regard to the area and boundaries of the land or whether it formed part of khasra number, it would be essential to appoint revenue official for demarcation of the land .

(3.) Mr. Narinder Pal Singh, learned counsel appearing on behalf of the respondents submits that earlier the plaintiff had moved an application, the same was dismissed, therefore, now at this stage, an application at the hands of defendant No.6 who has been impleaded subsequently cannot be allowed. In fact it amounts to collecting of the evidence, therefore, such exercise cannot be permitted.