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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
AJAY MOHAN GOEL
Radha Devi – Appellant
Versus
Partap Singh – Respondent
| Table of Content |
|---|
| 1. suit dismissed rejecting defective demarcation report. (Para 1 , 2 , 3) |
| 2. appeal application for commissioner dismissed by appellate court. (Para 4 , 5 , 6) |
| 3. petitioners urge re-demarcation; respondent contests propriety. (Para 7 , 8) |
| 4. no fresh demarcation in appeal to test trial findings. (Para 9 , 10 , 11 , 12 , 13 , 14) |
| 5. petition dismissed; appellate decides demarcation issue independently. (Para 15 , 16) |
JUDGMENT :
Ajay Mohan Goel, Judge
By way of this petition filed under Article 227 of the Constitution of India, the petitioner has assailed order dated 24.03.2025, passed by the learned Appellate Court, in terms whereof, application filed under Order 26, Rule 9 of the Code of Civil Procedure, by the petitioners herein/plaintiffs, stands dismissed.
2. Brief facts necessary for the adjudication of this petition are that the petitioners before this Court filed a suit for permanent injunction for restraining the defendant from causing any interference upon the suit land. The suit was dismissed by learned Trial Court vide judgment dated 30.05.2024. While dismissing the suit, in para-15 thereof, the following findings were returned by the learned Trial Court:-
“It w
Appellate court cannot entertain application under Order 26 Rule 9 for fresh demarcation to test trial court's rejection of existing defective report; sustainability of trial court's reasoning to be ....
The court clarified that allowing additional evidence for demarcation in boundary disputes is essential and does not constitute filling up a lacuna, reinforcing the importance of accurate boundary de....
Point of law: Imaginative endangerment - There is only a surmisal or imaginative threat etched in the mind of the plaintiff, that there is a potentiality of invasion on to the suit land by the defend....
The court emphasized the importance of following instructions for demarcation and the power of the court to appoint a fresh Local Commissioner. The court also highlighted the need for evidence to be ....
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