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2016 Supreme(HP) 1491

CHANDER BHUSAN BAROWALIA
Amar Chand – Appellant
Versus
Shankar Verma – Respondent


Advocates Appeared:
For the Petitioners: Mr. B.S. Atri.
For the Respondent: Mr. Virender Singh.

JUDGMENT :

Chander Bhusan Barowalia, J.

The present Civil Revision under Section 115 of the Civil Procedure Code is maintained by the petitioners to quash and set aside the impugned order dated 22.11.2011, passed by learned Civil Judge (Junior Division), Court No. VI, Shimla, H.P, in Execution Petition No. 7-10 of 2011, wherein the learned Court below has held as under :

“I have heard, ld. counsel for both the parties and perused the record with minute care. JD has taken a plea that decree is not executable in the absence of proper demarcation as DH has failed to identify the disputed land. It is also the plea of JD that road has already stands construction on Khasra No. 223, therefore, there is no question of removing iron bars from above said Khasra No. JD is ready to comply with the decree after the demarcation of land from some revenue officials as both the parties are unable to identify the disputed land. In my opinion if both the parties are unable to identify the disputed land, it is good suggestion to appoint revenue officials that demarcation of land of DH and JD. Decree cannot be executed without identification of land. Actual position cannot be ascertained by the perusal of



















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