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2014 Supreme(Bom) 377

A.P.BHANGALE
Manikrao Ramji Chawake – Appellant
Versus
Ashok Ambadas Gawande – Respondent


Advocates Appeared:
For the Appellant:A.S. Joshi, Advocate.
For the Respondents:R1, S.M. Doifode, Advocate.

Judgment

1. Heard the learned Counsel for the respective parties.

2. Admit on the following substantial question of law :

Whether it is essential to get the map in respect of the disputed agricultural land prepared by the Court Commissioner as directed by this Court vide order dt.11.11.2003?

3. My answer to the above question is in the affirmative as in the cases where dispute is as to boundaries or boundary-marks of the immovable property and when parties do not agree to any map produced on the record, it becomes essential for the trial Court or the first Appellate Court as final Court on finding of facts to ensure that a competent Cadestral Surveyor is appointed as the Court Commissioner to prepare measurement map in respect of the suit properties so that after receiving authentic map or plan from the competent Official on behalf of the State Government, the trial Court is assisted meaningfully with a view to execute the decree that may be passed. Execution of decree is thus facilitated so as to set at rest the real controversy between the parties.

4. By an order dt.11.11.2003, this Court had appointed a Court Commissioner after entertaining this Second Appeal as against the Judgment





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