CR No.4808/2011(O&M) 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CR No.4808/2011(O&M) Date of decision: 23.08.2011 Dhan Singh and others ....................Petitioners v. Shriya and others .....................Respondents Coram: Hon'ble Mr.Justice Jaswant Singh Present: Mr.PS Chauhan,Advocate for the petitioners. Jaswant Singh.J.(Oral) The petitioners/plaintiffs have invoked the jurisdiction of this Court under Article 227 of the Constitution assailing the orders dated 9.6.2010 and 3.6.2011 whereby the learned courts below, on their application under Order 39 Rules 1 and 2 CPC, have declined to grant temporary injunction as also dismissed the appeal respectively. Learned counsel for the petitioners submits that in the report it has been mentioned that the plaintiffs Ram Chander who is owner of khasra no.306/1/2 has encroached upon the area comprised in khasra no.621 owned by the defendants and therefore, prima facie finding recorded by the courts below to deny ad interim injunction to the petitioners/plaintiffs is illegal. CR No.4808/2011(O&M) 2 After hearing the learned counsel for the petitioners I find that the argument is wholly misplaced. The report of the Local Commissioner was sought to be placed on record as Annexure P2 with the application bearing CM No.19959-CII/2011, which has been dismissed by a separate order of even date. A perusal of the same reveals that the dispute between the plaintiffs and defendants is with regard to khasra no.306/1/1 and 621. The Court had directed the Local Commissioner to demarcate the areas comprised in two khasra numbers. The demarcation was done in the presence of both the parties. It is further clear that the Local Commissioner factually demarcated the area comprised in khasra no.306/1/1 and 621. It is also not in dispute that plaintiff Ram Chander alongwith his three brothers are the owners of khasra no.306/1/1. However, it appears that while recording khasra numbers in the operative part of the report, inadvertently a typographical mistake has occurred. Both the courts below have taken a view which is consistent with the report and therefore, I find no ground to interfere with the impugned orders. Dismissed. 23.08.2011 (Jaswant Singh) joshi Judge