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2002 Supreme(HP) 133

M.R.VERMA
PAWAN KUMAR SOOD – Appellant
Versus
INDER KRISHAN MEHTA – Respondent


Advocates Appeared:
Mr. K.D. Sood, Advocate, for the Petitioners; Mr. Ankush Sood, Advocate, for the Respondent.

JUDGMENT

M.R. Verma, J.—The petitioners/defendants (hereafter referred to as the defendants) have preferred this revision petition under Section 115 of the Code of Civil Procedure (hereafter referred to as the Code) against the order dated 21.2.2002 passed by the learned District Judge, Kullu in Civil Appeal No. 26 of 2001 titled Pawan Kumar Sood and another v. Inder Krishan Mehta, whereby he has appointed SDO (PWD), Manali as a Local Commissioner to visit the spot i.e. Plot Nos. 16 and 17 of Urban Estate, Manali and report qua boundary wall of Plot No. 17 regarding material used for construction of the wall, its depth, height and age and support his findings with reasons.

2. Brief facts leading to the presentation of this petition are that respondent/plaintiff (hereafter referred to as the plaintiff) constructed a residential house in Plot No. 17 in Model Town, Manali in the year 1984-85. At that time the adjacent plot No, 16 was vacant. As per the Zonal Plan the allottees of two adjacent plots were required to construct a common wall in between their plots after leaving 5 feet open space on each side of the common wall and the cost of construction of such wall was to be shared equ













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