Haryana Waqf Board vs Shanti Sarup & Ors

The Supreme Court held that the High Court erred in summarily dismissing the second appeal regarding land encroachment without considering the necessity of appointing a Local Commissioner for demarcation under Order 26 Rule 9 of the Code of Civil Procedure. The Court emphasized that the trial court's rejection of the demarcation application was inappropriate given the nature of the dispute. Consequently, the judgment of the High Court was set aside, and the second appeal was restored for a merits decision within six months.