SHIV RAM Vs. KARAM CHAND

JUDGEMENT

(1.) By way of instant petition, challenge has been made to order dtd. 28/12/2019 passed by learned Civil Judge (Junior Division) Anni, District Kullu, H.P. In Case No. 0100064 of 2013, whereby the application of the petitioners under Order 26, Rule 9 of the Code of Civil Procedure for appointment of Local Commissioner has been rejected.

(2.) The facts necessary for adjudication of the petition are that the petitioners as plaintiffs have filed a suit for permanent and mandatory injunction against the respondents/defendants with a prayer in following terms:-

(3.) The relief as claimed in the suit is only with respect to Khasra No. 6098, which the plaintiffs claim to be owned by them. Before filing the suit, the plaintiffs got the demarcation to ascertain the boundary of Khasra No. 6098 by making an application to the revenue authorities. The demarcation report as Annexure P-2 has been placed on record. It is revealed from such report that out of Khasra No. 6098, measuring 11 biswas, about two biswas was in possession of respondent/defendant Karam Chand, where he had raised construction and about one biswa of land was in possession of respondent/defendant Govind Ram and remaining 8 biswas of khasra No. 6098 was vacant. By placing reliance on such demarcation report, plaintiffs filed the suit.