Faguwa Ram vs Roopchand
2022 Latest Caselaw 1477 Chatt

                    HIGH COURT OF CHHATTISGARH, BILASPUR
                                        Order Sheet
                                     SA No. 733 of 2019
                     Faguwa Ram and Others Versus Roopchand & Anr.



22.03.2022         Mr. H. B. Agrawal, Sr. Advocate along-with Ms. Swati Agrawal, A, Advocate
             for the Appellants.

                   Learned Sr. Advocate has filed an application (I.A. No. 2/2021) for
             appointment of Commissioner and would refer the judgment of Hon'ble Devision
             Bench of Madhya Pradesh in case of Durga Prasad Vs. Parveen reported in
             1975 AIR(MP) 196. He would further submit that encroachment-agreed map is
             not existing, therefore, it can be decided by appointment of a Commissioner.

                   Considering the submission made by Sr. counsel and the law laid down by
             the Hon'ble Devision Bench in which it has been held that dispute is with regard
             to encroachment when the agreed map is not available can be decide by the
             appointment of the Commissioner.

                    Issue notice to the respondent on this application (I.A. No. 02/2021) by

ordinary mode as well as by registered post.

P. F. be paid within one week.

Post the matter after four weeks.

Sd/-

(Narendra Kumar Vyas) Judge

Amita