IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No.404 of 2009 Date of decision : July 24, 2010 Parkash Chand …Petitioner. Versus Nardev Singh and others …Respondents. Coram The Hon’ble Mr. Justice Surjit Singh, Judge. Whether approved for reporting?1 For the Petitioner : Mr. Naresh Kumar Thakur, Advocate. For the Respondents : Mr. S.S. Mittal, Senior Advocate, with Mr. Surinder P Sharma, Advocate. Surjit Singh, J (Oral) Heard and gone through the record. 2. Petitioner is plaintiff in the trial Court. Suit filed by him is for issuance of mandatory injunction, restraining defendants-respondents from causing any obstruction in the path, which is alleged to be part of Khasra No.4511/550 and is depicted by letters EFGH in the site plan attached with the plaint. This portion lies just in front of the house of the defendants-respondents. Allegation is that the defendants-respondents are trying to raise construction on the aforesaid portion, shown by letters EFGH. 3. Petitioner filed an application for appointment of a Local Commissioner, for carrying out demarcation on the spot and reporting whether the said site, depicted by letters Whether reporters of the local papers may be allowed to see the judgment? …2… EFGH, is part of Khasra No.4511/550. That request of the petitioner has been rejected by the trial Court, vide impugned order, Annexure P-3. It is dated 9th February, 2009. 4. Since the dispute is whether the aforesaid site, depicted by letters EFGH, is part of Khasra No.4511/550 or the property of the defendants-respondents, which abuts on the path, of which the said portion is stated to be a part, it is desirable that the boundary of the defendants’- respondents’ property, abutting on the path, and Khasra No.4511/550, especially that portion of it which lies in front of the property of the defendants-respondents and is depicted by letters EFGH, is delineated. Hence, the petition is allowed, impugned order is set aside and the trial Court is directed to appoint a Local Commissioner, well versed with demarcation process. Petition stands disposed of. Pending application(s), if any, also stand disposed of, in view of the disposal of the main petition. Parties are directed to appear before the trial Court on 15th September, 2010. Record of the trial Court be returned immediately. July 24, 2010(sd) ( Surjit Singh ), J