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2023 Supreme(HP) 550

AJAY MOHAN GOEL
Jaswant Singh – Appellant
Versus
Meera Devi – Respondent


Advocates Appeared:
For the Petitioner: Mr. Umesh Kanwar.

JUDGMENT :

(Ajay Mohan Goel, J.)

By way of this petition, filed under Article 227 of the Constitution of India, the petitioner has challenged order dated 21.11.2023, passed by the Court of learned Senior Civil Judge, Rampur Bushahr, District Shimla, H.P., in terms whereof, an application filed by the petitioner under Order 26, Rule 9 of the Code of Civil Procedure, seeking appointment of a revenue officer as a Local Commissioner to demarcate the suit land has been dismissed.

2. Having heard learned counsel for the petitioner and having carefully gone through the order passed by the learned Trial Court, this Court does not finds any perversity in the impugned order.

3. The suit filed by the petitioner, as is evident from the copy of the plaint which is on record as Annexure P­1, demonstrates that the relief prayed therein is for a decree of permanent prohibitory injunction restraining the defendant from extending the roof of her newly under constructed house over the suit land and the roof of the house of the plaintiff etc. Decree for mandatory injunction ordering the demolition of extended portion of the beams of the third storey of the house of the defendant etc. has also been prayed

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