1 RSA No. 3499 of 2005 Present: Mr. R.S. Mamli, Advocate, for the appellants. Mr. Inderjit Sharma, Advocate, for the respondent. * * * * The Counsel for the appellants, has submitted that the dispute, was with regard to the factum, as to whether, the trees, in question, were standing, in the land of the plaintiff/respondent, or in the land of the defendants/appellants. He has further submitted that, no doubt, two Local Commissioners, were appointed, but D1, demarcation report, was disbelieved, whereas D2, demarcation report, was not in accordance with the rules and regulations. He has further submitted that the judgements and decrees of the Courts below, be set aside, and the case, be remitted to the trial Court, for deciding the same afresh, after getting the land demarcated again, through a Revenue Officer. He has further submitted that, till then, the parties, be directed, to maintain status quo. 2. The Counsel for the respondent, after hearing the statement of the Counsel for the appellants, agrees to the same. He has further submitted that, he has no objection, if the judgements and decrees, are set aside, and the case, is remitted back to the Court, for fresh decision, after appointing a Local Commissioner, for demarcation of the property. 3. In view of the statements of the Counsel for the parties, the appeals, are accepted. The judgements and decrees of the Courts below, are set aside. The case, is remitted to the trial Court. The Appellate Court, is 2 directed to appoint a Local Commissioner, in the rank of Tehsildar (Revenue), for the demarcation of the property, in question, to find out, as to, in whose property, the trees, in dispute, are standing, and after obtaining objections to the report of the Local Commissioner, decide the case afresh, on the basis of the evidence already led, as also the evidence, which may be led, on the report of the Local Commissioner. The fees of the Local Commissioner, shall be borne by both the parties, in equal shares. The parties, are directed to appear, in the Lower Court, on 24.09.09, at 10.00 AM. The records, complete in all respects, alongwith the certified copy of the order, be sent, to the Courts concerned, immediately. Till the decision of the suit, the parties, shall maintain status quo, with regard to the land, in question, as also the trees. 21.08.2009 (SHAM SUNDER) Amodh JUDGE