HARYANA WAQF BOARD vs SHANTI SARUP .

The Supreme Court held that the High Court erred in summarily dismissing the second appeal regarding encroachment without considering the necessity of appointing a Local Commissioner for demarcation of the disputed land 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 Supreme Court set aside the High Court's judgment, restoring the second appeal for a merits-based decision within six months.