IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No. 176 of 2009 Date of decision: 07.09.2010 Savitri Devi & another …Petitioners. Versus Ramesh Kumar & others …Respondents. Coram The Hon’ble Mr.Justice Deepak Gupta, J. Whether approved for reporting?1 No. For the petitioners: Mr. Suneet Goel, Advocate. For the respondents: Mr. J.R. Thakur, Advocate. Deepak Gupta, J. (Oral) 1. This petition is directed against the order dated 1st December, 2008, whereby the application filed by the petitioners (hereinafter referred to as ‘the plaintiffs’) for appointment of Local Commissioner for demarcation of the property has been rejected. 2. Briefly stated the facts of the case are that the plaintiffs filed a suit for possession of land comprised in Khata No. 126, Khatauni No. 131, Khasra No. 147/1/2, 147/1/3, 147/2 and 163 measuring 25 kanal 4 marlas. The case of the petitioners is that they have purchased specific land from the successors of one Shri Baldev Singh, who had got the land partitioned in partition proceedings. 1 Whether the reporters of local papers may be allowed to see the Judgment? Yes. 2 3. It was prayed that to identify the land, it is necessary to appoint a Local Commissioner. This application has been rejected by the learned trial Court and hence, the present petition. 4. I see no error in the judgment/order of the learned trial Court as when a suit for possession of a particular land is filed, the plaintiff is only required to prove his title on the said land and if the title is proved, a decree for possession will naturally follow. The decree will relate to specific Khasra numbers and at the time of execution, even the same can be demarcated. It is not necessary to identify the land at this stage, since the petitioner is not in possession of any portion of land. There is no boundary dispute between the parties, for which it would be necessary to have a demarcation carried out. 5. Therefore, I find no merit in the petition, which is accordingly rejected. (Deepak Gupta) Judge September 7, 2010 (rajni)