JUDGMENT :

VIKAS BAHL, J. 

1. This is a civil revision petition under Article 227 of the Constitution of India for setting aside the order dated 08.09.2025 vide which the Civil Judge (Junior Division), Ludhiana, has dismissed the application filed by the petitioner for issuance of directions to the Tehsildar, Ludhiana (East), for demarcation of the property as shown in the site plan.

2. The facts of the present case would show that the petitioner, who is defendant No.3 in the suit, in spite of earlier two demarcations, one of which was conducted in pursuance of the order passed by the High Court in a writ petition filed by the petitioner and which order had been duly exhibited before the trial Court as Exhibit P-11, has chosen to file another application for demarcation without disclosing the earlier demarcations. The undisputed facts of the present case are detailed hereinbelow.

3. Respondents No.1 to 5 had filed a suit for permanent injunction with respect to the land comprised in specific khasra numbers, the details of which were given in the headnote of the suit. The relevant portion of the headnote of the suit is reproduced hereinbelow:

“Suit for the grant of a permanent injunction whereby restraining the defendants either themselves or through their attorneys, employees, agents, and servants from in any manner illegally and forcibly interfering in the peaceful possession of the plaintiffs over the land detailed as under:-

a. Land measuring 6 Kanal 18 Marlas, comprised in Khewat No. 7, Khatoni No.7, Rect. No.7, Killa No.9;

b. Land measuring 8 Kanal 0 Marlas, comprised in Khewat No. 18, Khatoni No.19, Rect. No.4, Killa No.21; c. Land measuring 4 Kanal 0 Marlas, comprised in Khewat No. 309, Khatoni No. 468, Rect. No.4, Killa No.13/1;

d. Land measuring 16 Kanal 0 Marlas, comprised in Khewat No. 65/1, Khatoni No. 122/1, Rect. No.4, Killa No.12, Rect. No.7, Killa No.1:

e. Land measuring 8 Kanal 0 Marlas, comprised in Khewat No. 60, Khatoni No. 83, Rect. No.5, Killa No. 15min, Khatoni No. 84, Killa No. 15min:

f. Land measuring 6 Kanal 18 Marlas, comprised in Khewat No. 54, Khatoni NO.71, Rect. No.4, Killa No.9min, Khatoni No.72, Rect. No.4, Killa No.9 min;

g. Land measuring 8 Kanal 0 Marlas, comprised in Khewat No. 64, Khatoni No.99, Rect. No.5, Killa No.16min, 24min;

as per Jamabandi for the year 2012-2013, situated in Village Machhian Kalan, Hadbast No.41, Tehsil Koom Kalan, Distt. Ludhiana and from in any manner forcibly and illegally dispossessing the plaintiffs from the aforesaid land, on the basis of oral and documentary evidence.”

4. A perusal of the plaint would show that it was the case of the plaintiffs that the plaintiffs along with their brother Pardhan Singh were owners in possession of the land which had been described in the headnote from serial No. ‘a’ to ‘f’. With respect to the land mentioned in serial No. ‘g’, it was the case of the plaintiffs that they were in possession of the same. It was stated that the land of the Forest Department was abutting the land of the plaintiffs and the Forest Department had built a boundary wall up to 8 feet high and the Forest Department had also got a barbed wire affixed on the top of the boundary wall thereby separating the land of the Forest Department from the land in possession of the plaintiffs. In paragraph 6 of the plaint, it was stated that defendants No.1 to 6, which included the present petitioner (defendant No.3), had a grudge against the plaintiffs and had filed a false application to the Deputy Commissioner, subsequent to which a demarcation was carried out by Forest Department on 06.05.2015 in the presence of the revenue officials and the officials of the Forest Department, who had submitted a detailed report that the land of the Forest Department was complete at the spot and the Forest Department had constructed a boundary wall around its own land and had fixed barbed wire on the top of the said wall.

5. It was further the case of the plaintiffs in paragraph 7 of the plaint