Rajiv Kumar Batra vs Kashmiri Lal Sika on 23 November, 2009
The judicial pronouncement aforementioned does not
Civil Revision No. 4173 of 2009 2
apply to the present case for want of a parallel of circumstances in
that case and the case before this Court. In the present case, the
controversy can be conclusively and factually adjudicated upon on
the basis of demarcation of the two plots by a local commissioner.
That could be one sure way of getting to the root of the controversy.
The allowance of the plea of indicated category cannot be said to
tantamount to collection of evidence by the Court on behalf of party.
In that view of things, the petition shall stand allowed. The impugned
order shall stand set aside.