Civil Revision No. 610 of 2009 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 610 of 2009 Date of decision: 1.05.2009. Prem Singh Petitioner Versus Municipal Council Nangal and others ...Respondents CORAM: HON'BLE MR. JUSTICE S.D.ANAND. Present: Mr. Vijay Lath and Mr. Navin Sharma, Advocates for the petitioner. None for the respondents in spite of service. ***** S.D.ANAND, J. It is apparent from the impugned order itself that the case is at the stage of recording of evidence of the plaintiff-petitioner. The land of the parties abuts each other. It bears particular Khasra Nos. otherwise. The Masavi (Annexure P-6) is on record. The learned Trial Court declined the petitioner's plea for appointment of a Local Commissioner by observing that the encroachment having been alleged to have been made on 18/19.5.2005, the application filed on 20.11.2007 is belated. In view of the apparent position that the trial is presently fixed for recording of plaintiff's evidence and also in view of the fact that the report by the Local Commissioner shall facilitate adjudication of the controversy effectually, a technical plea of delay in raising of Civil Revision No. 610 of 2009 -2- **** the plea cannot outweigh the merits thereof. The petition shall stand allowed. The impugned order shall stand set aside. The learned Trial Court shall proceed to appoint a competent Revenue Officer to undertake the exercise/demarcation. Thereafter, the learned Trial Court shall dispose of the matter in accordance with law. May 01, 2009 (S.D.Anand) Pka Judge