DULO RAM Vs. SALO

JUDGEMENT

(1.) THIS petition has been filed by the petitioners/plaintiffs under Article 227 of the Constitution of India against the order passed by the Civil Judge, (Jr. Division), II Kangra, dated 18.8.2010, on an application filed by the petitioner under Order 26 Rule 9 C.P.C., vide which the application filed by the petitioners for appointment of Local Commissioner was dismissed.

(2.) NOTICE was issued to the respondent.

(3.) TO substantiate his submissions, the learned counsel for the petitioner has placed reliance upon the decision in Haryana Waqf Board Vs. Shanti Sarup and others, (2008) 8 Supreme Court Cases 671, wherein it was observed that there was no specific denial by respondents of appellant's averments that appellant's land had been encroached. It was observed that the controversy between the parties was regarding demarcation of land because the parties had adjacent lands and, therefore, it was observed that the application for demarcation filed before the trial Court was wrongly rejected.