Himachal Pradesh High Court
Smt. Maheep Kaur vs Sh. Sanjeev Sood on 25 May, 2018
Author: Sanjay Karol
Bench: Sanjay Karol
IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CMPMO No. 352 of 2017.
Date of decision: 25th May, 2018.
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Smt. Maheep Kaur ......Petitioner.
Versus Sh. Sanjeev Sood ...Respondent. Coram:
The Hon'ble Mr. Justice Sanjay Karol, Acting Chief Justice.
Whether approved for reporting ?1 For the petitioner: Mr. Sandeep Dutta, Advocate.
For the respondent: Mr. Ashok Sood, Advocate. _________________________________________________________ Sanjay Karol, Acting Chief Justice (Oral) Petitioner/Plaintiff sought appointment of a Local Commissioner to ascertain the factum of encroachment, which request stands turned down by the Court below.
2. Having heard learned counsel for the parties, this Court is of the considered view that Local Commissioner cannot be appointed only for the purposes of collecting evidence and this is what the Court below has held, after fully appreciating the entire material on record. This Court, in a petition filed by the plaintiff under Article 227 of the Constitution of India, finds no ground, sufficient enough to interfere with the impugned order dated 5.6.2017, passed by the Court 1 Whether the reporters of Local Papers may be allowed to see the judgment ?.
::: Downloaded on - 30/05/2018 23:00:58 :::HCHP 2below in Civil suit No. 148-1 of 13/2009 titled as Maheep Kaur versus Sanjeev Sood.
3. The order cannot be said to be perverse, .
unreasonable or unreasoned.
4. Petitioner/Plaintiff has to stand on her own legs and lead evidence fully establishing her case with regard to factum of encroachment of the defendant over the suit land. It is not a case of boundary dispute simplicitor.
5. to Under these circumstances, there is no reason to interfere in the present petition. Accordingly, the petition is dismissed alongwith pending applications, if any.
May 25, 2018. (Sanjay Karol ) (cm Thakur) Acting Chief Justice.
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