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2022 Supreme(Bom) 1161

NITIN B.SURYAWANSHI
Govardhan S/o. Narayan Gaikwad – Appellant
Versus
Sai Baba Estates – Respondent


Advocates appeared:
D. P. Palodkar, Advocate, M. G. Mustafa, Advocate

JUDGMENT

Nitin B. Suryawanshi, J. - Rule. Rule made returnable forthwith. Heard finally with the consent of the learned advocates for the parties.

2. The petitioner is aggrieved by the Order passed by the learned 9th Joint Civil Judge, Senior Division, aurangabad, below application Exhibit-16 dated 28.02.2020 in Regular Civil Suit No. 886 of 2018, thereby allowing the application filed by the respondent-plaintiff for appointment of Taluka Inspector of Land Records as a Court Commissioner.

3. The respondent - original plaintiff filed the suit for permanent injunction against the petitioner-defendant in respect of land Gat No. 29 admeasuring 3 Hector 14 R, to the extent of

4. 5 R situated at village Itkheda, Taluka and District aurangabad, bounded by -

    Towards East : Remaining land of Gat No. 28

    Towards West : Remaining land of Gat No. 29

    Towards South : Remaining land of Gat No. 29

    Towards North : Land of Gat No. 47

    . The petitioner - original defendant resisted the suit contending that the boundaries are wrong and the suit property is not in existence. He also denied the measurement carried out by the respondent-plaintiff on 14.08.2018 through cadastral surveyor.

    . The respondent - plaintiff

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