SURESH KUMAR Vs. PRADEEP KUMAR

JUDGEMENT

(1.) By way of this petition the petitioner has challenged order dtd. 21/3/2022, passed by the Court of learned Civil Judge, Court No.3, Mandi, District Mandi, H.P. in C.M.A. No.441 of 2022, in Civil Suit No.163/2020, in terms whereof, an application filed by the present petitioner under Order XXVI, Rule 9 of the Civil Procedure Code has been rejected by the learned Court below. The petitioner herein happens to be the plaintiff before learned Trial Court, who alleges interference by the respondents/defendants upon the suit land which happens to be the Abadi Deh land.

(2.) Learned counsel for the petitioner has submitted that the impugned order is not sustainable in the eyes of law as while passing the said order, learned Court below erred in not appreciating that the land was Abadi Deh, therefore, the Revenue Authorities were not competent to grant demarcation thereupon and it was only the Court which could have ordered the demarcation. Accordingly, he prays that the petition be allowed and the impugned order be set aside.

(3.) Opposing the petition, learned counsel for the respondents has submitted that a perusal of the order passed by learned Court below would demonstrate that what weighed with the Court was the fact that the application was filed even before the framing of the issues and as learned Court below was of the considered view and rightly so, that the stage was not ripe so as to either entertain or pass an order on an application filed under Order XXVI, Rule 9 of the Civil Procedure Code, therefore, it rightly dismissed the application. Accordingly, he has prayed that the present petition being devoid of any merit be dismissed.