High CourtsSingle Bench(2010) 12 SHI CK 0106

Surya Parkash vs State of HP and Another

High Court Of Himachal Pradesh · Decided on 6 December 2010

HON’BLE JUDGES
Deepak Gupta, J
RESULT
Dismissed
CASE NUMBER
CMPMO No. 326 of 2004

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Judgment

3 paragraphs · 189 words

Deepak Gupta, J.—This petition is directed against the order dated 13.7.2004 passed by the learned Civil Judge (Sr. Division), Nahan whereby he rejected the application filed by the Petitioner (hereinafter to referred as Plaintiff) for appointment of local commissioner to demarcate the property.

2.

The case of the Plaintiff is that Khasra No. 534/78/25 which is part of Khasra No. 534/78 is actually Khasra No. 200/86. This fact itself had to be proved by the Plaintiff before such an application can be allowed. From the order, I find that issues in the case were framed on 22.4.2003 and the case was listed for evidence of the Plaintiff on 10.6.2003, 30.8.2003 and 7.10.2003 and thereafter another date was given for evidence of the Plaintiff and it is only thereafter that such application was filed. It is obvious that such an application was filed with a view to delay the proceedings. Therefore, I find no merit in the petition which is accordingly rejected.

The Registry is directed to send a copy of this order to the learned Trial Court who is directed to dispose of the suit at the earliest possible.