NEENA DEVI Vs. P.N. BHARDWAJ

JUDGEMENT

(1.) Challenge, in the case at hand, has been laid to impugned order dtd. 11/4/2019, passed by the learned Civil Judge(Jr. Division), Court No.6, Shimla, HP in Civil Suit No.RBT No.56-1 of 2018/16, whereby an application for appointment of Local Commissioner under Order 26 Rule 9 CPC has been dismissed by the Court below.

(2.) Heard counsel for the parties and perused the pleadings appended along with the present petition.

(3.) From a perusal of the application, it is evident that in the case at hand, the petitioner is the plaintiff before the trial Court. The plaintiff has filed a suit for permanent prohibitory injunction and mandatory injunction against the present respondent. Permanent prohibitory injunction is being sought against the respondent from restraining him from raising any sought of construction over the suit land owned by the plaintiff/petitioner. Mandatory injunction has been sought for removal of infringing structures alleged to have been raised on the land owned by the petitioner/plaintiff. In the application, it is averred that prior to filing of the suit, a demarcation of the suit land had been got done from the concerned revenue authorities on 29/4/2016. The said demarcation report so obtained stands confirmed by the Assistant Collector Grade-II, Shimla, Urban on 23/5/2016. On the basis of demarcation report boundary marks are stated to have been installed. Further encroachments during the pendency of the suit are stated to have been made by the respondents. Boundary marks are also stated to have been removed.