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2018 Supreme(P&H) 2169

AMIT RAWAL
Leela Ram – Appellant
Versus
Omkar – Respondent


Advocates:
Mr. P.R. Yadav, Advocate for the petitioner.
Mr. Neeraj Jain, Advocate for Mr. J.S. Ghumman, Advocate for the respondent.

JUDGMENT

Mr. Amit Rawal, J. (Oral).:- The present revision petition is directed against the impugned order dated 17.11.2015 (Annexure P-6), whereby the application of the petitioner-plaintiff with regard to the appointment of the Local Commissioner for demarcation of the suit property by the Revenue Officer, at the time of framing of the issues, has been dismissed.

2. Mr. P.R. Yadav, learned counsel appearing on behalf of the petitioner submits that the petitioner-plaintiff had instituted the suit for permanent injunction restraining the respondent-defendant not to interfere in the possession and user of the Gair Mumkin plot compromised in Khewat No.140 Khatoni No.161 Khasra No.140 measuring 1 kanal 03 marals situated within the Gair Mumkin Abadi of Village Kotya Sub-Tehsil Kanina District Mahendergarh and also qua forcible dispossession, much less, with a further prayer that during the pendency of the suit, if the construction raised, the same may be got demolished. Since the construction was going on, an occasion arose for the petitioner-plaintiff to move an application for appointment of Local Commissioner, which was allowed and the Local Commissioner inspected the spot and submi









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