Bansi Lal vs Satish Kumar - 2023 Supreme(HP) 518

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(HP) 518

AJAY MOHAN GOEL
Bansi Lal – Appellant
Versus
Satish Kumar – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Mr. Ashwani K. Sharma, Advocate.
For the Respondents:Mr. Vivek Thakur, Mr. Sanjeev Sood, Advocate.

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 27.11.2020, in terms whereof, learned Trial Court has been pleased to set aside the report of the Local Commissioner, inter alia, by holding that the Local Commissioner is not to give any finding with respect to correctness of the revenue record while carrying out demarcation under the order of the Court.

2. Having heard learned counsel for the petitioners as well as learned counsel for the respondents and after carefully going through the order passed by the learned Court below, this Court does not finds any infirmity therein.

3. In terms of the provisions of Order 26, Rule 9 of the Civil Procedure Code, a Local Commissioner is appointed, inter alia, where a Court deems a local investigation to be requisite or proper for the purpose of elucidating any matter in dispute. Herein, on an application filed by the plaintiffs for demarcation of the land in issue, learned Trial Court appointed a Local Commissioner, who submitted a reports dated 21.01.2020 and 20.02.2020, Relevant portion of report dated 20.02.2020 reads as under:

“I have also p

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