UTTAM CHAND Vs. DHARAM PAL

JUDGEMENT

(1.) Cmp No. 9059 of 2017

(2.) This petition under Article 227 of the Constitution of India takes exception to the order dated 21.07.2017 passed by the learned Civil Judge (Junior Division) , Karsog, District Mandi H.P. in C.M.A. No. 67 of 2017 in Civil Suit No. 28 of 2014, whereby he dismissed the application filed by the petitioner/defendant for appointment of Local Commissioner.

(3.) The respondent/plaintiff filed a suit for permanent prohibitory injunction against the petitioner/defendant for restraining him from raising construction over the suit land comprised in Khata No. 27/52, Kita 2, i.e., Khasra No. 1576/303, measuring 00-01-17 bighas and Khata Khatauni No. 1577/303, measuring 00-03-18 bigha. It was averred in the application that the petitioner/defendant was adjoining owner and in possession of land comprised in Khata Khatauni No. 82/140, Khasra No. 1578/303, measuring 00-4-02 bigha.