CR No.1996 of 2010 (O & M) :1: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No.1996 of 2010 (O & M) Date of decision: 05.04.2010 Gurdev Singh .. Petitioner Versus Gurbaj Singh and others .. Respondents CORAM: HON'BLE MR.JUSTICE AJAY TEWARI a). Whether Reporters of Local Papers may be allowed to see the judgment ? b). To be referred to the Reporters or not ? c). Whether the judgment should be reported in the Digest ? Present:- Mr.Vivek Goel, Advocate for the petitioner . . . AJAY TEWARI, J. (ORAL) This petition has been filed against the concurrent orders of the Courts below declining relief to the petitioner under Order 39 Rule 1 and 2 CPC. The petitioner had filed the instant civil suit claiming permanent injunction restraining the respondents from demolishing the alleged pahi which went to his fields. On the application of the petitioner, Local Commissioner was appointed, who came and gave his report wherein he recorded that what he found was that fresh earth was spread over the area in dispute and underneath the same there was plantation, which went against the petitioner. Both the Courts below, on consideration of the report and the other material placed on record, held that the petitioner had not been able to prima facie established the existence of a pahi. Learned counsel has argued that if a new Local Commissioner is appointed, the new fact will come on record since the Local Commissioner appointed by the Trial Court did not give the correct CR No.1996 of 2010 (O & M) :2: report. Apart from the fact that I find that this argument to be unattractive, it cannot be lost sight of that no objection was filed to the report of the Local Commissioner appointed by the Trial Court. Consequently, learned counsel has not been able to persuade me that the impugned order suffers from any such marterial irregularity so as to be held liable for interference under Article 227 of the Constitution of India. Accordingly, the present petition is dismissed. No costs. Since the main petition is decided, the Civil Miscellaneous Application, if any, shall stand disposed of accordingly. April 05, 2010 (AJAY TEWARI) Sukhpreet JUDGE