ARVIND KUMAR vs GYAN CHAND & ORS

Judgment text excerpt

$~91 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 1st, September, 2025 + CM(M) 128/2019& CM APPL. 3689/2019 & CM APPL. 39794/2023 ARVIND KUMAR .....Petitioner Through: Mr. P K Bhadrdwaj, Advocate. versus GYAN CHAND & ORS .....Respondent Through: Mr. Jatin Kumar with Mr. Jitesh Kumar, Advocates. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner is plaintiff before the learned Trial Court and is seeking possession, injunction and damages. 2. The petitioner/plaintiff claims himself to be the owner/land-lord of property measuring 75 Sq. Yds. which according to him is situated in Khasra no. 1596, Inder puri, New Delhi. 3. During the trial, plaintiff moved an application under Order XXVI Rule 9 CPC praying for appointment of a local commissioner to ascertain the location of the suit property. 4. According to the petitioner/plaintiff, since the defendant, while relying on sale deeds was claiming that the property in question is situated in Khasra No. 1595, Inder puri, New Delhi, need arose, so that the Revenue Officer of the village in question is appointed local commissioner for demarcation of Khasra No. 1595 and 1596 to ascertain the exact location and status of the suit property. 5. The grievance raised in the present petition is with respect to the dismissal of his such application. Signature Not Verified Digitally Signed CM(M) 128/2019 1 By:DINESH CHANDRA Signing Date:03.09.2025 17:16:48 6. The present petition is pending for quite some time and the matter is, reportedly, at the stage of final arguments. 7. When asked, learned Counsel for the petitioner, submitted that instead of appointing a local commissioner, he would have no objection, if one opportunity is granted to plaintiff to summon concerned Official from Revenue Authori