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SANDIPKUMAR C. MORE
Ram S/o Dnyanoba Somwanshi – Appellant
Versus
Hariba S/o Gangaram Somwanshi – Respondent
JUDGMENT :
SANDIPKUMAR C. MORE, J.
1. The present appeal is directed against the impugned judgment and order dated 19/04/2019 passed by the learned District Judge-4, Latur, i.e. the learned first appellate court in Regular Civil Appeal No. 4 of 2011. The appellants are the original defendant Nos. 1 to 3 in Regular Civil Suit No. 286 of 2010. Under the impugned judgment and order the learned first appellate court has set aside the judgment and decree dated 26/11/2010 passed by the learned trial court i.e. 2nd Joint Civil Judge (Junior Division), Ausa in the aforesaid suit and directed remand of the proceeding for fresh trial.
2. Background facts are as under:
In boundary disputes, joint measurement is essential for accurate determination of encroachment, and remand for fresh trial is justified when evidence is insufficient.
The central legal point established in the judgment is the acceptance of the Survey Knowing Commissioner's report and the rejection of the Defendants' claim of adverse possession, leading to the dism....
A proper re-evaluation of evidence by appellate courts is essential, particularly regarding encroachment claims and the burden of proof for adverse possession, as emphasized under Section 100 CPC.
Necessity of following necessary procedure and joint measurement of lands of both parties in cases involving disputed property boundaries.
[The court established that the burden of proof lies on the defendant to substantiate claims of ownership or tenancy, and failure to do so, coupled with admissions against interest, can lead to a jud....
Without decision on the relevant aspect which goes to the root of the dispute, the impugned judgment in our assessment, fails the scrutiny of law.
The main legal point established in the judgment is the reliance on the Advocate Commissioner's report to determine the extent of encroachment and ownership of the disputed property.
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