ANIL KUMAR Vs. KARNAL SPINNERS PVT. LTD.

JUDGEMENT

(1.) The present petition is directed against the order dtd. 2/7/2018, passed by the Civil Judge (Junior Division), Karnal (for short and the Trial Court), dismissing the petitioner's application, through which he had sought appointment of a Local Commissioner.

(2.) The facts, in brief, which would be required to be noticed for adjudicating upon the present petition, are that the petitioner and proforma respondents no.3 to 6 filed a suit for possession with the consequential relief of mandatory injunction by directing respondents no.1 and 2, who were the defendants in the suit, to release the land, which was allegedly under illegal possession of respondents no. 1 and 2. They further sought a direction to be issued to respondents no. 1 and 2 to remove the illegal construction allegedly raised by them over the said land. To assert their rights, the petitioner/plaintiffs had inter alia relied upon a demarcation report dtd. 25/5/2014 by the Kanungo of the area.

(3.) On being put to notice, respondents no.1 and 2 appeared before the Trial Court and refuted the plaintiffs' claim. It was inter alia submitted that their possession was legal and that the demarcation report relied upon by the plaintiffs was not worthy of reliance as the same had been prepared by its author without visiting the spot as also for the reason that respondents no. 1 and 2 had not been given any intimation with regard to the time of the alleged demarcation.