ORDER :

1. Learned Trial Court vide order dated 27.05.2016, dismissed plaintiff’s objections to the report of Local Commissioner and confirmed the demarcation report. This order has been assailed by the legal representatives of the deceased plaintiff in the instant petition filed under Article 227 of the Constitution of India.

2. The parties are hereinafter referred to as they were before the learned Trial Court.

3. Facts:

(i) Suit for permanent injunction for restraining the defendant from cutting, digging, raising construction or interfering over the suit land comprised in Khata/Khatauni No. 10/18 min, Khasra No. 605/533, measuring 0-15 Bigha of Mouza Moginand, Tehsil Nahan, District Sirmour, H.P. was instituted by the plaintiff. The plaintiff pleaded that he was absolute owner in possession of the suit land. The defendant was a complete stranger to it, having no right, title, interest or concern with the suit land.

The defence taken was that the construction raised by the defendant existed over Khasra Nos. 771/604/358 abutting to the suit land. The averments made in the plaint were denied.

(ii) During pendency of the suit, the plaintiff placed on record a report of demarcation carried