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High Court of Punjab and HaryanaCR/5842/2017dismissed

Sat Pal And ANR v. Tarsem Lal And ORS

2017-08-31Mrs. Justice Raj Rahul Garg2 pages

C.R. No. 5842 of 2017 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R.No. 5842 of 2017 Date of decision:- 31.08.2017 Sh. Sat Pal and anr.

...Petitioners

Versus

Tarsem Lal and others

...Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. M.S. Rana, Advocate for the petitioners.

RITU BAHRI J. (Oral) This petition under Article 227 of the Constitution of India is for setting aside order dated 09.08.2017 (Annexure P-3) passed by the learned Civl Judge, Jr. Divn, Jalandhar whereby the application filed by the petitioners under Order 26 rule 9 CPC for appointment of Patwari Halqa/concerned Kanungao as Local Commissioners for demarcation of property has been dismissed.

The suit was filed on 04.06.2012 and written statement was filed way back on 10.12.2012 and since then the nature of the dispute was very muck in the knowledge of the plaintiffs/petitioners. The issues were framed on 02.01.2013 and the petitioners closed the evidence on 18.04.2014 i.e almost after a gap of 03 years and 03 months. No such application was moved and when the case was at the argument stage, the petitioners filed the application.

A bare perusal of impugned order shows that the application of the petitioners has been dismissed on the ground that the Court is not to become a party to the litigation by procuring evidence in favour of parties to the suit. The petitioners have neither approached the revenue authorities Naresh Kumar 2017.09.06 12:08 I attest to the accuracy and integrity of this document Chandigarh

C.R. No. 5842 of 2017 (O&M) -2themselves earlier nor through this Court for such a long time and now the Court cannot be made a party to bring evidence for them. Further the petitioners are supposes to prove their case. The impugned order passed by the Court below does not required any interference from this Court, as the demarcation report was held not to be essential for just decision of the case. The petition stands dismissed.

August 31, 2017 ( RITU BAHRI ) G Arora JUDGE Whether speaking/reasoned Yes Whether reportable No Naresh Kumar 2017.09.06 12:08 I attest to the accuracy and integrity of this document Chandigarh