Om Prakash VS Duni Chand

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

SATYEN VAIDYA
Om Prakash – Appellant
Versus
Duni Chand – Respondent

Advocates:
Counsel for the Parties:
For the Petitioners:Mr. Sanjeev Kuthiala, Sr. Advocate, with Ms. Ankita, Advocate
For the Respondents Nos.1 to 6:Mr. Vikrant Chandel, Advocate
For the Respondents Nos.7 and 8: Ex-parte

JUDGMENT

Satyen Vaidya, J.—By invoking supervisory jurisdiction of this Court under Article 227 of the Constitution of India, the petitioners have assailed order dated 17.10.2020 passed by learned Civil Judge (Jr. Division), Court No.3, Mandi, in Civil Suit No. 516 of 2017, whereby the application of the petitioners herein under Order 26, Rule 9 of the CPC for appointment of the Local Commissioner has been rejected.

2. Respondents No.1 to 6 herein are the plaintiffs before the learned trial Court in Civil Suit No. 516 of 2017. Petitioners herein along with proforma respondents are defendants in the said suit. For the sake of convenience, the parties hereafter shall be referred to the same status as they hold before learned trial court in Civil Suit No. 516 of 2017.

3. Relief prayed in the suit is with respect to land comprised in Khasra No. 600/371/58, measuring 02-10-01 bighas situated in Mohal Bheuli, Tehsil Sadar, District Mandi, H.P. A decree for permanent prohibitory injunction has been prayed in the suit restraining the defendants from causing any interference, stacking any material or raising any construction over the path existing over the suit land i.e. khasra No. 600/371/5

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