JOGINDER PAL Vs. PREM CHAND

JUDGEMENT

(1.) By way of this petition, petitioner has challenged order dated 18.06.2019, passed by the Court of learned Senior Civil Judge, Court No.1, Ghumarwin, District Bilaspur, H.P., whereby the objections filed by present petitioner against the demarcation report which demarcation was carried out of the suit property, pursuant to order which stood passed by this Court in CMPMO No.505 of 2016, titled as Prem Chand Versus Joginder Pal, stands dismissed.

(2.) I have heard learned counsel for the petitioner.

(3.) A perusal of the impugned order demonstrates that after filing the objections, objector/ petitioner did not lead any evidence to substantiate the objections which were filed against the demarcation report. Further, a perusal of contents of the impugned order demonstrate that the learned Court while rejecting the objections, has held that it was specifically mentioned in the demarcation proceedings and report Ext.PW2/B that both the parties were present alongwith Patwari and in their presence, demarcation proceedings were carried out with the Jareb. Learned trial Court took note of the fact that it was specifically mentioned in the report that points A, B and C were fixed on the spot and triangle was prepared and thereafter in the presence of the parties and other persons, disputed land was demarcated in which it was found that the present petitioner, who is defendant before the learned trial Court, had encroached upon the land depicted as khasra Nos.610/516/132/1, measuring 00-00-05 biswansies in the shape of gair mumkin sehan and gair mumkin tanki pani (water tank). Learned trial Court also took note of the fact that tatima was also prepared in that regard and statements of parties and other persons were also recorded.