CR No. 283 of 2010(O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No. 283 of 2010(O&M) Decided on : 24-09-2010 Smt. Roshni and another ....Petitioners VERSUS Manoj and others ....Respondents CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER Present:- Mr.S.K.Verma , Advocate for the petitioners. Mr.A.K.Sharma, Advocate for the respondents MAHESH GROVER, J I have heard learned counsel for the parties. The grievance of the petitioners is that they filed a suit on the basis of demarcation report and that by virtue of the impugned order the petitioners are precluded from examining the revenue official who conducted the said demarcation. On the other hand, learned counsel for the respondents opposed the prayer and contends that it is an attempt to delay the proceedings and to harass the respondents. He further refers to some demarcation report which has also come on record and contends that the petitioners are guilty of encroachment. There does not seem to be any legal infirmity in the impugned order. The petitioners after having failed to avail several opportunities, pray for one more effective opportunity to examine the said CR No. 283 of 2010(O&M) 2 revenue official. Since the dispute inter se between the parties is confined to alleged encroachment which each party refers to having done by other side, I am of the opinion that it is imperative for the Court to permit the examination of the witness so as to enable it to adjudicate the matter effectively. The revision petition is therefore allowed and the impugned order is set aside subject to Rs.10,000/- as costs The petitioners shall be granted only one effective opportunity to examine the concerned official in support of the demarcation report on which he placed reliance. No further opportunity shall be granted to the petitioners in any circumstance. In the event of the petitioners failing to avail themselves of the opportunity granted by the Trial Court, the matter shall be proceeded with by the Trial Court without any further indulgence being shown to the petitioners. September 24, 2010 (Mahesh Grover) rekha Judge