IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA C. Review No. 63 of 2010 Date of decision: 22. 7. 2010 Roshan Singh ….Petitioner Versus Moti Singh ……Respondent Coram: The Hon’ble Mr. Justice Surinder Singh, J. Whether approved for reporting ?1 For the petitioner: Mr. Romesh Verma, Advocate, for the petitioner. For the respondent : None Surinder Singh J. (Oral) CMP (M) No. 580/2010. There is delay in filing the present civil review petition. The reasons stated in the application duly supported by the affidavit of the petitioner prima facie constitutes sufficient cause to condone the delay. As such the application is allowed and the delay in filing the review petition is hereby condoned. The applications stands disposed of. Civil Review No.63/2010. This review petition has been filed on the grounds:- 1 Whether the reporters of Local Papers may be allowed to see the judgment ?. yes - 2 - (i) Khasra No. 758 is an independent plot and not a min number; (ii) Thus on account of mistake, it could not be pointed out earlier and now sajra kishtwar Annexure A2 has been procured which substantiated this portion; and Therefore, suit for possession filed by the appellant is required to be decreed. In fact, the averments made in the review petition are not correct. Khasra No. 758 of which old number was 416/372, was measuring 6-7 bighas having an orchard. It was the averment in the plaint that in the year 1991 Moti Singh contesting defendant had encroached upon over 15 biswas of khasra No. 758 aforesaid thus he sought possession thereof. It was observed vide judgment of this Court that the encroached area is only 0.15 biswas which is a part (min) of suit khasra total measuring 6-7 bighas, to which the petitioner failed to identify, therefore, in absence of such identification, decree for possession cannot be passed. The petition do not make out a case of a substantial and compelling character for review. Hence dismissed. July 21, 2010 (Surinder Singh),J (cm)