Himachal Pradesh High Court
Sh. Mansha Ram & Ors. vs . Sarwan Singh on 2 September, 2024
Author: Ajay Mohan Goel
Bench: Ajay Mohan Goel
.
Sh. Mansha Ram & Ors. Vs. Sarwan Singh .
(deceased) through his Lrs.
RSA No. 159 of 2023 02.09.2024 Present: Mr. Abhishek Thakur, Advocate, vice Mr. Munish Datwalia, Advocate, for the appellants.
Ms. Kamakshi Tarlokta, Advocate, for respondents No. 1(b)(ii) and 1(b)(iii). Mr. Aman Parth Sharma, Advocate, for respondent No.1 (f).
Heard.
Admit on the following substantial questions of law:-
"1. Whether the dismissal of the suit by the learned Trial Court as upheld by the learned Appellate Court, is sustainable in the light of the fact that while discarding the demarcation report being relied upon by the plaintiff-appellant, the Trial Court did not order fresh demarcation nor it allowed the application filed under Order 26, Rule 9 of the Code of Civil Procedure, for appointment of Local Commissioner to demarcate the suit land?
2. Whether both the learned Courts below have completely misread and misappreciated the evidence on record, in terms of the pleadings of the parties"
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Post admission notice. Ms. Kamakshi Tarlokta .
and Mr. Aman Parth Sharma, learned Counsel, accept notice on behalf of respondents No. 1(b)(ii) & 1(b)(iii) and respondent No.1 (f), respectively. Issue post admission notice to unrepresented respondents, returnable for 21.10.2024. Steps for service be taken, within a period of one week. r For the purpose of completion of service of post admission notice, list before learned Additional Registrar (Judicial). Records be called for.
(Ajay Mohan Goel) Judge September 02, 2024 (Shivank Thakur) ::: Downloaded on - 02/09/2024 20:33:57 :::CIS