IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 2083 of 2008 (M/S) Pankaj Shah ……. Petitioner Versus Sri Gopal …... Respondent Mr. Rajendra Dobhal, Advocate for the petitioner. Mr.Alok Singh, Senior Advocate with Ms. Mamta Joshi, Advocate for the respondent Hon’ble V.K. Gupta, C.J. Mr. Alok Singh, learned Senior Counsel appearing for the respondent submits that he has no objection to the impugned order being set aside and the Survey Amin being directed to re-inspect the spot in the light of the specific direction contained in the court order dated 07.02.2001, all this being without prejudice to the rights and contentions of the respondent in the Suit pending between the parties. Based upon the aforesaid submission of Mr. Alok Singh, this petition is allowed. The impugned order dated 05.04.2008 is set aside. In compliance with the specific direction contained in the court order dated 07.02.2001, Survey Amin is directed to re-visit the spot in question and, in the light of the specific, directions contained in the court order dated 07.02.2001, to specify in his report whether the construction raised by the respondent/defendant is over the land comprised in Khasra No. 989/3 M or in Khasra No. 987. The submission of the aforesaid report by Survey Amin shall be without prejudice to the rights and contentions of the parties in the Suit, who shall be entitled to file objections to the said report as well as to lead evidence. The learned court below is directed to ensure that the fresh report of Survey Amin is received within six weeks from the date of communication of this order. The responsibility to communicate this order and to take steps shall be upon the petitioner/ plaintiff. (V.K. Gupta, C.J.) 08.12.2008 G