SHASHI PAL Vs. KULDEEP

JUDGEMENT

(1.) Order dated 10.6.2016 passed by learned Civil Judge (Junior Division) -II, Dharmashala is under challenge in this petition. As a matter of fact, learned trial Court has dismissed an application under Order 26 Rule 9 read with Section 151 CPC filed by the petitioner-plaintiff with a prayer to appoint local commissioner for demarcation of the land entered in Khata No. 24, Khatauni No. 51, Khasra No. 1843/298 situate in Mohal Gabli Dar, Mauza Ghaniyara, Tehsil Dharamshala, District Kangra (hereinafter referred to as 'suit land' in short) vide the order under challenge in this petition.

(2.) The suit has been filed for permanent prohibitory injunction restraining the respondent-defendant from causing interference in the suit land in any manner whatsoever. The respondent-defendant in the written statement has denied the claim of the plaintiff being wrong. He has also placed on record the report qua the demarcation conducted on 20.12010 and on the basis thereof it is claimed that he has nothing to do with the suit land nor has caused any interference therein. Replication also stands filed. On the completion of the pleadings, issues were framed and the plaintiff evidence has also been recorded partly. The suit presently is at the stage of recording plaintiff's remaining evidence. It is at this stage the application under Order 26 Rule 9 CPC came to be filed for appointment of local commissioner on the grounds, inter alia, that the respondentdefendant has made encroachment upon the suit land and hence is in unauthorized and illegal possession thereof.

(3.) The application was, however, resisted and contested on the grounds, inter-alia, that the report qua the demarcation of the land conducted previously on 20.12.2010 is already produced on record and until and unless the said report is quashed and set aside by the competent Authority, no fresh demarcation of the land can be ordered.