In this miscellaneous application challenging an impugned order under Order 26 Rule 9 CPC, the single judgeHC dismissed the petitioner's challenge to the trial court's appointment of a local commissioner (field kanungo) to demarcate a disputed property line between parties.
Application to quash order appointing Local Commissioner dismissed; no merit found.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CR-4812-2024 (O&M) Date of Decision: 16.09.2024
SULAKHAN SINGH
. . . .PETITIONER
Vs.
BEVI
. . . . RESPONDENT
CORAM: HON’BLE MR. JUSTICE DEEPAK GUPTA
Present:Mr.Arun Abrol, Advocate, for the petitioner.
DEEPAK GUPTA, J.
CM-16003-CII-2024
This is an application moved by the applicant/petitioner to place on record copies of the sale deeds as Annexures P8 and P9.
Application is allowed.
Annexures P8 and P9 are taken on record.
CR-4812-2024
Petitioner is defendant before learned trial Court of Civil Judge (Sr. Division), Gurdaspur in civil suit bearing No.CS/855/22 titled as Bevi Vs. Sulakhan Singh. He is aggrieved by the order dated 11.07.2024 (Annexure P-1), whereby an application under Order 26 Rule 9 CPC for appointment of Local Commissioner has been allowed by the Trial Court.
VIVEK PAHWA 2024.09.17 16:43 I attest to the accuracy and integrity of this document
2024:PHHC: 121903
CR-4812-2024
the same khasra number bearing 249R/5/1 and, therefore, the demarcation of the property in dispute will serve the ends of justice in coming to the conclusion as to whether the disputed portion forms part of the property purchased by any of the party or the same is part of street. By way of impugned order, the trial Court has appointed a revenue official i.e. field kanungo to conduct the necessary demarcation.
(DEEPAK GUPTA) 16.09.2024 JUDGE ����� Whether speaking/reasoned? Yes Whether reportable? No
VIVEK PAHWA 2024.09.17 16:43 I attest to the accuracy and integrity of this document
Page 2 of 2
3 issues framed by the court
Whether the High Court can find any illegality in the trial court's order allowing application for appointment of Local Commissioner under Order 26 Rule 9 CPC.
Whether the appointment of a field kanungo to demarcate disputed property serving ends of justice constitutes illegality.
Whether the applicant's contention that evidence collection on behalf of a party cannot be permitted is meritorious.
1 provisions across 1 enactments
SULAKHAN SINGH
BEVI
DEEPAK GUPTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
