RSA No. 567 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.S.A. No. 567 of 2009 Date of Decision: 16.09.2009 1. Ajay Kumar son of Sh. Dalu Ram; 2. Vijay Kumar son of Shri Dalu Ram; both residents of village Mai Khurd, Tehsil Charkhi Dadri, District Bhiwani. ... Appellants Versus Karanvir Singh son of Shri Ami Lal, resident of village Mai Khurd, Tehsil Charkhi Dadri, District Bhiwani. ...Respondent CORAM: HON'BLE MR. JUSTICE SHAM SUNDER Present: Mr. S. K. Sharma with Ms. Ranjana Salaria, Advocates, for the appellants. Mr. R.A. Sheoran, Advocate, for the respondent. SHAM SUNDER, J. * * * * At the time of arguments, both the Counsel for the parties, have submitted that, they have no objection, if the appeal is accepted, by setting aside the demarcation reports PW2/A to PW2/D and D1, submitted by the Revenue Officers, and the trial Court, is directed, to appoint a fresh Local RSA No. 567 of 2009 2 Commissioner, for demarcation and decide the case, afresh. 2. In this view of the matter, the appeal, is accepted. The judgements and decrees of the Courts below, are set aside. The reports of the Local Commissioner, aforesaid are also set aside. The case is remitted back to the trial Court, with a direction, to appoint a Local Commissioner, in the rank of Tehsildar (Revenue), for demarcation of Khasra Nos. 153 and Khasra No. 77, in dispute, in accordance with the rules and regulations, as also the instructions, issued by the Financial Commissioner to Government Haryana, from time to time, governing the subject matter. After the demarcation report, is received, objections shall be filed by the party/parties aggrieved. The trial Court, shall then, give an opportunity, to the parties to lead evidence on the report. Thereafter, the trial Court, shall decide the suit afresh, on the basis of the evidence already led, and to be led, on the report of the Local Commissioner. The parties, are directed to appear, in the trial Court, on 12.10.09, at 10.00 AM, for further proceedings. The fees of the Local Commissioner, shall be borne by the parties, in equal shares. 3. The Registry, is directed, to send the records of the Courts below, alongwith copies of the order to the quarters concerned, forthwith. 16.09.2009 (SHAM SUNDER) Amodh JUDGE