Allowed

Umesh Kumar v. Kartar Singh

Himachal Pradesh HC2 Dec 2014CMPMO/185/2014

Case brief

AI extract

What is this about?

Petitioner challenged the impugned order of 9.5.2014 in Civil Suit No.414/2013 directing fresh demarcation. The High Court held the trial court erred by ignoring Financial Commissioner's instructions and lacking jurisdiction. The order was set aside.

What did the court decide?

Impugned order dated 9.5.2014 in Civil Suit No.414/2013 is set aside. Trial court directed to conclude matter within four weeks.

Umesh Kumar Vs Kartar Singh — Landlord and Tenant | Himachal Pradesh HC (2014)

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

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CMPMO No. 185/2014 Reserved on 26.11.2014 Decided on 2.12.2014

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____________ ________________________________________________________ Umesh Kumar ……….. Petitioner Versus Kartar Singh and others ………. Respondents ____________________________________________________________________ Coram:

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Hon’ble Mr. Justice Rajiv Sharma, Judge

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Whether approved for reporting?¹ No.

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____________ ________________________________________________________ For the Petitioner : Mr. Janesh Gupta, Advocate. For the Respondents : Mr. Nimish Gupta, Advocate. ____________ ________________________________________________________ Rajiv Sharma, Judge

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This petition is instituted against order dated 9.5.2014 passed in Civil Suit No. 414/2013 by learned Civil Judge (Junior Division) Chamba, District Chamba, HP.

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“Key facts" necessary for the adjudication of the present petition are that respondent/plaintiff (hereinafter referred to as ‘petitioner’ for convenience sake) filed a suit for declaration and injunction against the present petitioner/defendant (hereinafter referred to as 'respondent' and ‘proforma respondents’ for convenience sake). The suit was contested by the petitioner. Issues were framed. Parties led their evidence. Matter was listed for final arguments on 9.5.2014. Learned Civil Judge (Junior Division) ordered fresh demarcation vide order dated 9.5.2014. It is in these circumstances that present petition has been filed. Respondent has relied upon demarcation report Ext. PW-6/A dated 28.11.2013 During the course of arguments, learned counsel appearing on behalf of the petitioner has brought to the notice of the Court that the demarcation was not in accordance with the directions of the Financial Commissioner, Himachal Pradesh. Permanent points were not fixed. Demarcation

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1 Whether the reporters of the local papers may be allowed to see the judgment?

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report should be as per instructions issued by the Financial Commissioner. Pucca points are to be fixed for demarcation. Demarcation report must be after consulting Musabi or Momi. Learned trial Court has erred by ordering fresh demarcation as per the impugned order. It is for the parties to lead evidence. Once demarcation report is not in consonance with law, consequences would ensue. He could not appoint Naib Tehsildar, Chamba as Local Commissioner to demarcate Khasra No. 380. Learned Civil Judge (Junior Division), Chamba has exceeded his jurisdiction by ordering fresh demarcation of Khasra No. 380. 3. Accordingly, the petition is allowed. Order dated 9.5.2014 rendered by learned Civil Judge (Junior Division), Chamba dated 9.5.2014 in Civil Suit No. 414/2013, is set aside. Learned trial Court is directed to conclude the matter within a period of four weeks from the receipt of a certified copy of this judgment. Pending applications, if any, are disposed of.

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(Rajiv Sharma) Judge

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December 2, 2014 (vikrant)

Umesh Kumar v. Kartar Singh

Case brief

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Umesh Kumar v. Kartar Singh

Case brief

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