UMESH KUMAR Vs. KARTAR SINGH

JUDGEMENT

(1.) By way of instant petition filed under Article 227 of the Constitution of India, challenge has been laid to order dated 29.6.2019, passed by learned Civil Judge, Chamba, District Chamba, H.P., in Civil Suit No.414/2013 (Annexure P-­7), whereby learned Court below allowed the objections filed by the petitioner-­defendant (hereinafter 'defendant') and rejected the report of the Local Commissioner.

(2.) Precisely, the facts of the case as emerge from the record are that plaintiff-­respondent (hereinafter 'plaintiff') .

(3.) Being aggrieved and dissatisfied with the aforesaid judgment and decree passed by learned trial Court, defendant filed an appeal in the Court of learned District Judge, Chamba, District Chamba, H.P., which came to be registered as Civil appeal No.25 of 2015. Learned District Judge, Chamba vide judgment dated 3.4.2017, partly allowed the appeal and set-­aside the findings of learned trial Court qua issue No.4 and remanded the case back to the trial Court with the direction to get the land demarcated by appointing Local Commissioner. Petitioner-­defendant thereafter filed an appeal bearing FAO No. 513 of 2017 before this Court, laying therein challenge to aforesaid judgment rendered by learned District Judge, Chamba, however fact remains that this Court vide judgment dated 24.4.2018, dismissed the aforesaid appeal.