SMT. SANTOSH KUMARI Vs. SANJEEV KUMAR

JUDGEMENT

(1.) Order dated 5.11.2016 passed by learned Civil Judge (junior Division), Dehra, District Kangra in application filed by the petitioner-plaintiff under Order 26, Rule 9 Civil Procedure Code is under challenged in this petition. The petitioner-plaintiff claims herself to be owner in possession of the suit land bearing Khasra No. 744 situated in Mohal Moin, Mauza Gangot, Tehsil Dhera, District Kangra, H.P. She has filed a suit against the respondents-defendants for the decree of permanent prohibitory and mandatory injunction. The suit presently is at the stage of recording her evidence in rebuttal. It is at that stage she had filed the application under Order 26, Rule 9 Civil Procedure Code on the ground that the respondents-defendants during pendency of the suit, while raising the construction of their house on the adjoining land bearing Khasra No. 745, have encroached upon a portion of the suit land bearing Khasra No. 744. The prayer, as such, was made to appoint some revenue expert as Local commissioner to conduct the demarcation on the spot and pinpoint the encroachment so made by the respondents-defendants.

(2.) The application has been resisted and contested on the ground, inter-alia, that the respondents-defendants have already obtained the demarcation on the adjoining land bearing Khasra No. 745. The petitioner-plaintiff allegedly was found to have encroached upon a portion of the said land. They, as such, have filed a suit for possession thereof against her. Also that, no fresh demarcation is required. The application being belated having been filed after eight years of the institution of suit has also been sought to be dismissed.

(3.) Learned trial Judge taking into consideration the demarcation of the adjoining land already conducted and on being influenced with the factum of its institution after a period over eight years has dismissed the same.