Ramesh Kumar vs Om Prakash(deceased) through LRs

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(HP) 314

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
ROMESH VERMA
Ramesh Kumar – Appellant
Versus
Om Prakash(deceased) through LRs – Respondent

Advocates Appeared:
For the Appellants :Mr. Naveen K. Bhardwaj, Advocate.
For the Respondents:Mr. Ajay Kumar, Senior Advocate with Mr. Rohit, Advocate.

Table of Content
1. plaintiffs claim possession alleging encroachment after prior injunction decree. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10)
2. dispute on local commissioner's report evidentiary value. (Para 11 , 12 , 16)
3. lower courts rejected report for demarcation procedural defects. (Para 14 , 15)
4. statute mandates proper boundary demarcation methods. (Para 17 , 18 , 19)
5. report irregularity requires fresh commission, not suit dismissal. (Para 20 , 21)
6. remand for fresh local commissioner and re-adjudication. (Para 22 , 23 , 24)

JUDGMENT :

Romesh Verma, J.

The present appeal arises out of the judgment and decree as passed by learned District Judge, Kangra at Dharamshala, dated 24.02.2018, whereby the appeal as preferred by the appellants/plaintiffs was dismissed and the judgment and decree as passed by learned Civil Judge (Junior Division)-II, Kangra, District Kangra, H.P. was affirmed.

2. Brief facts of the case are that the present plaintiffs/appellants filed a suit for possession against the defendants/respondents. It was averred in the plaint that the land bearing Khata No.102 min, Khatauni No.160, Khasra No.691, area measuring 0-24-08 hectares, marlas Rs.1.34 paise sit