IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 242 of 2009 (M/S) Manav Samaj Sewa Samiti …… Petitioner Versus Surendra Singh and others ……… Respondents Mr.Lok Pal Singh, Advocate for the petitioner. Mr. Arvind Vashishta, Advocate for respondents 1 to 4. Mr. P.C. Bisht, Brief Holder for respondents 8 and 9. Hon’ble V.K. Gupta, C.J. Counter affidavit has been filed by respondent no. 9, which is being adopted by respondent no. 8 as well. Mr. Arvind Vashistha, Advocate has filed counter on behalf of respondents 1 to 4 in the Court today, which is taken on record. Heard learned counsel for the parties and perused the impugned order. In the impugned order, it clearly is revealed that two survey reports were called for, one after another. The learned Court below has rightly observed that the survey report shall be seen at the time of appreciation of the evidence. This Court is also of the opinion that the relevance as well as admissibility of the survey report shall be seen and examined at the stage of final hearing of the Suit, while appreciating the evidence led by the parties. In the meanwhile, the petitioner would be at liberty to adduce whatever evidence he thinks desirable to prove his case, in addition to or apart from the survey reports. There is no illegality or irregularity in the impugned order. The writ petition is dismissed in limine. (V.K. Gupta, C. J.) 22.04.2009 A