JUDGMENT

Arun Monga, J. (Oral) - Petition herein, inter alia, is for modifying/setting aside order dated 12.07.2022 (Annexure P-3) whereby the application filed petitioner/plaintiff for appointment of Local Commissioner in Civil Suit No.42 of 2019, has been dismissed.

2. Civil Suit in question is for possession and permanent injunction claiming that the plaintiff (petitioner herein) and other co-sharers are owners in exclusive possession of the land in question. Demarcation report dated 21.10.2018 conducted by Kanungo in support of the claim in suit has also been filed. As per the said report, the respondent/defendant has allegedly encroached upon an area measuring 486.8 square yards of the land in question belonging to the petitioner/plaintiff.

3. In the premise, an application for appointment of Local Commissioner to demarcate the area in question was filed by the petitioner (plaintiff). However, vide impugned order application has been rejected. Hence, the instant petition.

4. Heard.

5. While there is no quibble with the view taken by the trial Court that the burden of proving his possession over Rectangle No.10, Killa No.9/1/2 is upon the defendant (respondent herein) and the plaint