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DHARAM CHAND CHAUDHARY
Lila Devi – Appellant
Versus
Jagdish Chand – Respondent


Counsel for the Parties:
For the Petitioners:Mr. Ashwani Sharma and Mr. Mandeep Chandel, Advocates.

JUDGMENT (ORAL)

Dharam Chand Chaudhary, J.—Challenge herein is to the order dated 10.3.2016 passed in an application registered as CMP No.(Civil Suit No.622/09/RBT 125/2015) 397/13, whereby the objections preferred to the report of Local Commissioner have been rejected.

2. The petitioners are defendants in the trial Court. The dispute which has been taken to the trial Court by the respondent-plaintiff is qua the encroachment of suit land entered in Khata No.4min, Khatauni No.5min, Khasra No.144, measuring 10 marlas situate in Tikka and Mauza Bamsan, Tehsil Bhoranj, District Hamirpur. The pleadings in the suit are complete. The evidence also stands recorded. It is at the stage of final hearing, the respondent-plaintiff has filed an application under Order 26 Rule 9 of the Code of Civil Procedure for appointment of Local Commissioner to demarcate the suit land on the spot and submit the report. It is that application, which was allowed and Tehsildar Bhoranj was appointed as Local Commissioner. The Local Commissioner has conducted the demarcation on the spot and submitted the report to the trial Court. The report reveals that the petitioners-defendants have encroached upon a small piece









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