MOOL RAJ Vs. SONAM ANGROOP

JUDGEMENT

(1.) The present petition, under Art. 227 of the Constitution of India, is maintained by the petitioner for quashing and setting aside the impugned order, dated 22.12.2016, passed by the learned Civil Judge (Junior Division), Manali, District Kullu, whereby an application under Order 26 Rule 9 of the Code of Civil Procedure, was dismissed.

(2.) The key facts, giving rise to the present petition are that the petitioner-plaintiff (hereinafter referred to as 'plaintiff') has maintained a suit for permanent prohibitory injunction against the respondent-defendant (hereinafter referred to as 'defendant') alleging that the plaintiff is owner-in-possession of the land measuring 0-01-58 hectares, comprised in Khasra No.1627, 1648, 1649, Khata/Khatauni No.281/336, situated at Muhal Bari Phati Bari Kothi, Baragarh, Tehsil Manali, District Kullu, H.P (hereinafter referred to as 'suit land'), whereas the defendant is neither owner nor co-sharer of the suit land, rather, the defendant is a stranger to the suit land and has no right, title or interest over the suit land and he is causing unlawful interference in the suit land threatening to demolish 'Khokha' in Khasra No.1627 and to raise permanent structure over the suit land and encroach upon the suit land to grab the same and to dispossess the plaintiff from the suit land. The defendant filed written statement and admitted that Khasra No.1627, was got recorded in the name of plaintiff. Thereafter, the plaintiff moved an application under Order 26 Rule 9 read with section 151 of the Code of Civil Procedure, for appointment of Local Commissioner, whereby the said application was dismissed, vide order dated 22.12.2016.

(3.) Feeling aggrieved, the impugned order, dated 22.12.2016, passed by the learned Trial Court, the plaintiff maintained the present petition.