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2024 Supreme(HP) 257

AJAY MOHAN GOEL
Suresh Kumar – Appellant
Versus
Bhagat Ram (deceased) through his LRs. Sandeep Kumar – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. R.L. Chaudhary, Advocate

JUDGMENT :

Ajay Mohan Goel, J.

By way of this petition filed under Article 227 of the Constitution of India, the petitioners have assailed order dated 05.02.2024, passed by the Court of learned Senior Civil Judge, Court No.1, Hamirpur, H.P. in terms whereof, the objections filed by the petitioners against the report of the Local Commissioner appointed by the Court under Order 26, Rule 9 of the Civil Procedure Code have been dismissed.

2. Having heard learned counsel for the petitioners and having perused the order under challenge as well as other documents appended with the petition, this Court does not finds any infirmity in the impugned order.

3. Learned counsel for the petitioners submitted that the objections of the petitioners were erroneously dismissed by the learned Court below without appreciating that as the Local Commissioner erred in not demarcating the land of the petitioners, therefore, the report could not have been accepted and the objections could not have been rejected.

4. On the asking of the Court, learned counsel for the petitioners produced order dated 28.04.2023, passed by the Court of learned Senior Civil Judge, Court No.1, Hamirpur, H.P., in terms whereof, the Lo

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