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2019 Supreme(HP) 1023

AJAY MOHAN GOEL
Naseeb Deen – Appellant
Versus
Versusharnek Singh – Respondent


Advocates Appeared:
Sanjay Jaswal, Adv., Anuj Gupta, Adv.

JUDGMENT :

Ajay Mohan Goel, J.

By way of this petition filed under Article 227 of the Constitution of India, the petitioners have challenged order, dated 11.03.2019, passed by the Court of learned Civil Judge (Junior Division), Jawali, District Kangra, H.P., in CMA No. 61/2019 in Civil Suit No. 115/2016, titled as Harnek Singh Vs. Naseeb Deen and another, vide which an application filed by the respondent herein under Order XXVI, Rule 9 of the Code of Civil Procedure (hereinafter referred to as 'the Code') for appointment of a Revenue Officer as a Local Commissioner stands allowed.

2. Brief facts necessary for the adjudication of the present case are that respondent/plaintiff has filed a suit against the petitioners/defendants seeking a decree of injunction for restraining the defendants from raising any construction, dispossessing, interfering, cutting, felling and removing the trees standing upon the suit land. In the alternative, the plaintiff has also prayed for possession of the suit land. The suit has been filed in October, 2016.

3. During the pendency of the said suit, the plaintiff has filed an application under Order XXVI, Rule 9 of the Code for appointment of any Revenue Offic

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