LAWS(HPH)-2012-5-236

JAGDISH SINGH, S/O SH. UDHAM SINGH, S/O SH. JAI SINGH, R/O VILLAGE SALOH, TEHSIL AND DISTRICT UNA Vs. BALBIR SINGH, S/O SH. HARNAM SINGH, S/O SH. NIHAL SINGH, R/O VILLAGE

Decided On May 15, 2012
Pawan Kumar, S/o Sh. Jagdish singh, R/o Village Saloh, Tehsil And District Una, H.P. Appellant
V/S
Balbir Singh, S/o Sh. Harnam Singh, S/o Sh. Nihal Singh, R/o Village Respondents

JUDGEMENT

(1.) THE respondents stand served. Despite service, they are not present. The matter can be disposed of, at this stage. Heard.

(2.) THIS is a petition under Article 227 of the Constitution of India against the order passed by the learned trial Court on an application moved under Order 26 Rule 10 -A read with Section 151 of the Code of Civil Procedure, seeking the appointment of Local Commissioner to crystalize the shares of the parties in the suit land.

(3.) BY moving application under Order 26 Rule 10 -A read with Section 151 of the Code of Civil Procedure by the petitioners herein, sought assistance of Sadar Kanungo by appointing him as Local Commissioner to prepare and produce the excerpt keeping the all entries in view w.e.f. 1977 -78 upto date, so that the position of the shares may be crystallized, but the request was declined on the ground that the plaintiffs have a remedy under Section 171 of H.P. Land Revenue Act to seek partition of the land.