SHYAM SUNDER Vs. MOHIT KUMAR LAL

JUDGEMENT

(1.) The present revision petition has been filed under Article 227 of the Constitution of India challenging the order dtd. 15/2/2024 (Annexure P-3) passed by the learned Civil Judge (Senior Division), Sonepat whereby the application filed by the plaintiff-respondents for appointment of a Local Commissioner for finding out encroachment over the 1/3rd share of land was allowed.

(2.) Brief facts relevant to the present lis are that the plaintiffrespondents herein filed a suit for declaration, possession with consequential relief of permanent injunction. In the plaint in para No.4 it had been averred as under :

(3.) The learned counsel for the defendant-petitioner would contend that the Local Commissioner cannot be asked to demarcate the encroachment as that is the domain of the Court and at best the Local Commissioner can give the state of affairs. Learned counsel has relied upon the judgments passed by this Court in M/s Allwin Infrastructure Limited, Panchkula V/s M/s Maxxus Developers & Ors. [AIR 2021 P&H 22] and Ganpat Gir Chela Bhudh Gir Chela Som Gir V/s Deh Sambhal Ghar Atte Deh Sanskar Sudhar Committee & Ors. [2020 (3) RCR (Civil) 640]. It is further the contention of the learned counsel that as per the pleadings of the plaintiff-respondents there was an oral partition qua which no evidence was led.