IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No. 677 of 2009 Date of decision: 13.09.2010 Kundan Singh Thakur …Petitioner. Versus Smt. Promila Devi …Respondent. Coram The Hon’ble Mr.Justice Deepak Gupta, J. Whether approved for reporting?1 No. For the petitioner: Mr. G.R. Palsra, Advocate. For the respondent: Mr. B.K. Malhotra, Advocate. Deepak Gupta, J. (Oral) 1. This petition is directed against the order dated 21.11.2009, whereby the learned Civil Judge(Senior Division), Court No.2, Mandi has rejected the prayer made by the petitioner(hereinafter referred to as the ‘defendant) for appointment of Local Commissioner to demarcate the suit land. 2. From the order itself, it is apparent that during the pendency of the suit, the application filed by the respondent (hereinafter referred to as the ‘plaintiff’), the demarcation of the suit land was got done through the revenue authorities. It is also apparent that thereafter the plaintiff alienated the entire suit land in 1 Whether the reporters of local papers may be allowed to see the Judgment? Yes. 2 favour of Smt. Promila Devi. She also applied for demarcation of the suit land and the demarcation was given. 3. The case of the defendant is that the demarcation was given incorrectly and he does not accept the same to be correct. Till the earlier demarcation reports are held to be incorrect and set aside, the plaintiff has no right to pray for appointment of Local Commissioner to demarcate the suit land. Thus the application has rightly been rejected by the learned trial court. I find no merit in this petition and the same is dismissed. The parties, who are present, are directed to appear before the learned trial court on 27th October, 2010. Registry is directed to ensure that the record of the case is sent back so that it should reach the trial court well before the said date. (Deepak Gupta) Judge September 13, 2010 (VT)