2023:PHHC:059255

CR-3767-2022 (O&M)

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102

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CR-3767-2022 (O&M)

Date of decision: April 26, 2023

Partap Singh

….Petitioner

versus

Manjit Singh and others

….Respondents

CORAM:

HON’BLE MR. JUSTICE ARUN MONGA

Present:-

Mr. A.P. Singh, Advocate for petitioner.

*****

ARUN MONGA, J. (ORAL)

Petition herein is for setting aside impugned order dated 22.07.2022

passed by learned Civil Judge (Junior Division), Patiala whereby, application of

petitioner-plaintiff No.1 seeking demarcation of suit property, was dismissed.

2.

The revision petition is premised on the averments that petitioner-

plaintiff No.1 along with other plaintiffs filed suit against respondent No.1-defendant

seeking permanent injunction restraining him, his family members, agents, servants

and employees etc. from interfering in peaceful possession of disputed land and

constructing building/ house in the suit property. Petitioner-plaintiff moved an

application for directing revenue officials to demarcate suit property. Vide impugned

order dated 22.07.2022, learned trial Court rejected the said application.

3.

I have heard learned counsel for petitioner and perused the case file.

4.

Impugned order dated 22.07.202 passed by learned Civil Judge (Junior

Division), Patiala, is premised, inter alia, on the following reasoning:

“3.

I have heard the arguments put forth by Ld Counsel for

both the parties and have carefully gone through the case file. It is

argued by Ld. Counsel for the plaintiffs that plaintiffs want to demarcate

the suit land demarcated from revenue official to bring true facts before

the court. Perusal of case file further reveals that present suit has been

filed by the plaintiffs seeking permanent injunction restraining the

defendants from interfering in possession and from making any

construction of building/house in the suit land bearing Khewat No

1407/2620,

Khasra

no

5682/2486/1101/2(6-5),

Khasra

no.

2493/1101/1(0-14) situated near Bishan Nagar, Ram Nagar, Patiala. It

has been pleaded in the plaint that defendant alleges himself to have

purchased the suit land and is trying to make construction of building

MAHAVIR SINGH

2023.05.01 17:10

I attest to the accuracy and

authenticity of this order/ judgment

2023:PHHC:059255

CR-3767-2022 (O&M)

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and is also trying to take forcible possession of suit land. Therefore, in

view of pleadings of the plaint, contention of Ld. Counsel for the

plaintiffs that demarcation of suit property is required is clearly without

any merit as nothing has been mentioned in the application as to how the

demarcation of suit property will be helpful & is necessary and further

as per pleadings, there is no dispute regarding the demarcation of

property between the parties. Moreover, defendant has claimed his

ownership and possession over Khewat no/ Khatouni No. 2016/3248,

Khasra

no.

3882/2489/1101/1(0-10)and

Khewat

no./KhatouniNo.2017/3249, Khasrano.3882/2489/1101/2(0-10) situated

at Bishan Nagar which are infact different khasra number from the suit

land. It is also not the contention of Ld Counsel for the plaintiffs that

defendants are owner of adjoining property to the suit land and there is

some dispute of boundaries between them. Perusal of case file reveals

that vide order dated 22.07.2019 and19.09.2019 passed by Hon'ble

Punjab and Haryana High Court in CR no4529 of 2019 titled as Partap

Singh Versus Manjit Singh and Others, trial court was directed to

provide one effective opportunity to the plaintiff-petitioner to conclude

his evidence by examining three witnesses as per application subject to

costs of Rs. 5,000/- to be deposited in the District Legal Services

Authority, Patiala. Both the witness as per list have been examined and

only cross examination of PW-5 Indresh Khanna, Draftman is pending

and it appears that present application has bee