SHIV NAND Vs. LEELA DEVI

JUDGEMENT

(1.) By way of instant petition, petitioner has taken exception to order dtd. 20/8/2022, passed by the learned Civil Judge (2), Amb, District Una, in Case No. 231/2010, whereby the application of petitioner under Order 26 Rule 9 Code of Civil Procedure (for short the 'Code') for appointment of Local Commissioner has been dismissed.

(2.) Petitioner has filed a suit against respondents for relief of possession with the allegation that the respondents have encroached upon the land belonging to the petitioner. The land on which the encroachment is alleged is shown, comprised in Khata No. 118, Khatauni No. 203, Khasra No. 827 in Village Gokul Nagar, Tehsil Amb, District Una, H.P. For identifying the alleged encroached portion of the land, the petitioner has placed reliance on a site plan, in which the said encroached portion is shown by letters ABCD. As per allegation of the petitioner, the encroachment was carried by the respondents in the third week of May, 2010. The plaint was instituted in July, 2010.

(3.) Respondents have filed the written statement and have specifically denied the allegation of any encroachment having been made by them on any portion of land comprised in Khasra No. 827. The respondents have submitted that in the year 1988 also, the petitioner had filed a suit against the respondents, during the pendency of which, the demarcation was carried out by the Local Commissioner. Less than one Marla of land was found encroached, however, the suit was finally compromised on the basis of boundaries fixed by the Local Commissioner. The respondents have further averred that they have not violated the boundary so fixed and in such way the allegations levelled by the petitioner have been denied.