ROSHAN LAL Vs. PAWAN KUMAR

JUDGEMENT

(1.) Challenge herein is to an order passed by learned Civil Judge (Senior Division), Dehra on 31.7.2014 in an application under Order 26 Rule 9 of the Code of Civil Procedure filed by the respondent-plaintiff in Civil Suit No.258/12, allowing thereby the application and appointing Shri Pyare Lal, retired Naib Tehsildar as Local Commissioner for demarcation of the suit land entered in Khata No.216 min, Khatauni No.279 min, Khasra No.784, measuring 0-06-64 hectares, situated in Mohal Thore Upperli, Tehsil Dehra, District Kangra and fix boundary marks to find out as to whether the petitioner-defendant has made any encroachment on any portion thereof.

(2.) The record available at this stage reveals that the petitioner-defendant allegedly started digging the land adjoining to the suit land in the month of May, 2010 for raising construction of his house. The respondent-plaintiff though objected to the digging of land and asked the defendant to obtain demarcation, but of no avail and he (defendant) proceeded ahead with the construction work. The respondent-plaintiff had taken the Patwari Halqua to the spot, who told that the construction raised by the defendant is partly on his land.

(3.) The suit has been filed in the month of November, 2012 for a direction to the defendant to hand over the vacant possession of the suit land by demolishing the construction raised thereon. After filing of written statement etc. and settlement of issues, the suit presently is at the stage of recording plaintiff's evidence. At this stage the application under Order 26 Rule 9 came to be filed for appointment of the Local Commissioner.