JAI CHAND Vs. JAGDISH CHAND

JUDGEMENT

(1.) Order Annexure A-3 dated 19.8.2016 passed in an application filed under Order 26 Rule 9 CPC by learned Civil Judge (Junior Division), Barsar, District Hamirpur is under challenge in this petition.

(2.) The Court below has dismissed the application with the observations that the demarcation of the suit land is got conducted by the petitioner-plaintiff during the pendency of the suit and the demarcation report has been affirmed by the competent authority. Also that till the previous demarcation report is in existence and not set aside, no fresh prayer for demarcation of the suit land can be entertained.

(3.) Interestingly enough, the application Annexure P-1 has been filed for demarcation of the suit land on the ground that the respondentdefendant during the pendency of the suit had encroached upon the suit land for raising construction thereon and also cut a 'Biuhal' tree therefrom. The demarcation, therefore, is required to find out the extent of the alleged encroachment made by him.