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2021 Supreme(P&H) 864

ARUN MONGA
Lakhwinder Singh – Appellant
Versus
Gurudwara Shri Ber Sahib – Respondent


Advocates Appeared:
Mr. Vikas Singh, Advocate, for the Appellant.

JUDGMENT

Arun Monga, J.(Oral). - Petition herein is under Article 227 of Constitution of India seeking quashing of order dated 18.12.2020 (Annexure P-8) vide which Local Commissioner has been appointed by the Additional Civil Judge, Senior Division, Sultanpur Lodhi for submitting the demarcation report. 2. Learned counsel for the petitioner submits that petitioner along with Surjit Singh and his wife Ranjit Kaur filed a suit for permanent injunction restraining the Defendant-Gurdwara from interfering in the peaceful possession of the petitioner/plaintiff over the land which is spot marked 'C. During pendency of the suit, respondent/defendant moved an application on 16.01.2013 for appointment of Local Commissioner to inspect the spot and submit a report and the said application was dismissed by the trial Court vide order dated 20.12.2018. Thereafter, petitioner was leading his evidence and the respondent/defendant again moved an application for appointment of local commissioner seeking demarcation of the land and the same was allowed by the trial Court vide impugned order dated 18.12.2020 (Annexure P-8).

3. Learned counsel for the petitioner contends that once the first application fo

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