Sabina, J. - (1.) PLAINTIFFS had filed a suit for permanent injunction. During the pendency of the suit, an application was filed by the Plaintiffs for appointment of Local Commissioner for demarcation of the suit land. The Defendants also moved an application for appointment of Local Commissioner to prepare a detailed site plan of the suit property. The applications moved by both the parties were allowed by the trial court vide order dated 27.7.2004 and the Local Commissioner was directed to conduct the demarcation of the suit property and report qua existing position at the spot. The Local Commissioner was further directed to prepare a correct and detailed site plan. In terms of the said order, Local Commissioner submitted the report dated 8.9.2004. Aggrieved by the said report, the Plaintiffs filed their objections. Vide impugned order dated 16.1.2011, the objections filed by the Plaintiffs were dismissed. Hence the present petition by the Plaintiffs.
(2.) AFTER hearing the learned Counsel for the Petitioner, I am of the opinion that the instant petition deserves dismissal. In terms of the order dated 27.7.2004 passed by the trial court, the Naib Tehsildar, Rohtak visited the spot and after issuing prior notice to the parties, demarcation was conducted in the presence of the parties and thereafter, the report was submitted by the Local Commissioner along with site plan. In these circumstances, the learned trial court had rightly dismissed the objections filed by the Plaintiffs which was based on the assertions that the Local Commissioner had submitted the report at the asking of the Defendant. Dismissed.;