CMPMO No. 374/2009 CMP 331/2009 27.11.2009 Present: Mr. Rakesh Jaswal, Advocate, for the petitioner. Mr. Ajay Sharma, Advocate, for respondent No.1. In terms of the impugned order dated 26.2.2008, the Court below has only directed the appointment of Local Commissioner to visit the spot and demarcate the suit land along with Khasra No.21. Undisputedly, the measurement/ demarcation of khasra No.21 would be necessarily required to ascertain the position as it exists on the ground, more so with respect to the suit land. It is the defendants’ contention that on this Khasra Number there is a passage which is being commonly used by the villagers since long. The recorded owner of Khasra No.21 has to be served with the notice by the Local Commissioner before carrying out the demarcation. I find no infirmity in the impugned order. However, it shall be open for the parties, including the petitioner herein to raise objections at the appropriate stage. The parties are directed to appear before the trial Court on 30.12.2009. With the aforesaid observations, the petition is disposed of, so also the pending application. ( Sanjay Karol ), Judge. November 27, 2009 (rana)