IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CMPMO No. 24 of 2020 Decided on: 17.03.2025 ____________________________________________________ Puran Chand and others ……….. petitioners Versus Ambi Chand and others ……….respondents ____________________________________________________ Coram: Hon'ble Mr. Justice Bipin Chander Negi, Judge Whether approved for reporting? 1 For the petitioners : Mr. Y.P. Sood, Advocate, Advocate. For the respondents : None. ____________________________________________________ Bipin Chander Negi, Judge (oral) The present petitioners are the defendants before the trial Court. Initially before the trial Court, a suit for permanent prohibitory injunction had been filed by the present respondents/plaintiffs. During the pendency of the suit so filed, a demarcation was got conducted on 10.01.2019. In the demarcation so conducted by the concerned revenue agency, it came to light that the present petitioners/defendants had encroached upon 0-0-06 bighas of land belonging to the present respondents/plaintiffs before the trial Court. 2. In the aforesaid backdrop, an application under Order 6 Rule 17 CPC for amendment of the plaint was filed by the present respondents/plaintiffs before the trial Court. The said 1 Whether the reporters of the local papers may be allowed to see the judgment? 2 application was allowed vide order dated 03.12.2019. The petitioners were permitted to incorporate the relief of possession in the plaint filed as according to the trial Court during the pendency of the proceedings on account of an encroachment made by the present petitioners/defendants upon the suit land to the extent of 0-0-06 bighas of land, the plaintiff was entitled to incorporation of relief of possession in the suit so filed and the cause of action, which had accrued during the pendency of the suit. 3. Heard counsel for the petitioners. Perused the record appended alongwith the present petition. 4. At the very outset, learned counsel appearing on behalf of the petitioners/defendants before the trial Court has drawn the attention of this Court to Para 2 of the application under Order 6 Rule 17 CPC, the same reads as under:- “That, during the pendency of the present suit, the applicants/plaintiffs sought demarcation of the suit land i.e. the matter of dispute and it has been found by the Revenue Field Agency that the respondents/defendants are in illegal and unauthorized occupation and encroachment of 0-0-06 bighas of land belonging to the applicants/plaintiffs and the respondents/defendants are not releasing the said illegal encroached land and thus it has become expedient for the applicants/plaintiffs to amend the present plaint to add the relief of possession over the said portion of the land, hence, this application”. 5. The response to the aforesaid, averments made in the application by the present petitioners/defendants is being reproduced here-in-below:- 3 “That, the contention in paragraph 2 is refuted as defendants/respondents are presently not in possession of any such land and the present application is filed with an objective to delay and linger on the original proceedings with intent to cause prejudice to the present defendants/respondents. 6. From the aforesaid, it is deducible that during the pendency of this Court, a demarcation had been got conducted by the Revenue Field Agency. The same was conducted on 05.01.2019, report whereof is dated 10.01.2019. It is alleged by the present respondents/plaintiffs before the trial Court that the present petitioners/defendants before the trial Court has encroached upon 0-0-06 bighas of the suit land, the said fact is evident from the demarcation report. The same is denied by the present petitioners/defendants before the trial Court. 7. Learned counsel appearing on behalf of the petitioners/defendants has drawn the attention of this Court to the statement made by the present petitioners/defendants during the demarcation conducted on 5.1.2019. In the statement made by the petitioners/defendants before the Revenue Authorities during the demarcation, it is evident that the petitioners have categorically stated therein that 0-0-06 bighas of land upon which an encroachment has been found in the suit land, has been vacated on the spot and the encroached land has been handed over to the present respondents/plaintiffs. To the same effect, is the statement recorded of the respondents/plaintiffs during the 4 conduct of the aforesaid demarcation, they have accepted having received 0-0-06 bighas of land encroached upon by the petitioners as was found by the revenue authority during demarcation. 8. From the impugned order dated 03.12.2109, it is evident that the statements of the present petitioners/defendants and the present respondents/plaintiffs made before the revenue authorities during the demarcation conducted on 05.01.2019 as has contained in the demarcation before report dated 10.1.2019 have been completely overlooked by the trial Court. 9. In view of the aforesaid, the present petition is allowed. Impugned order dated 3.12.2019 is quashed and set aside. Pending miscellaneous applications, if any, also stand disposed of. Parties are directed to appear before the trial Court on 2nd April, 2025. (Bipin Chander Negi) Judge March 17, 2025 tarun