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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
AJIT B.KADETHANKAR
Ismail Saifuddin Saifi – Appellant
Versus
Kishor, S/o.Narottam Patil – Respondent
JUDGMENT :
AJIT B. KADETHANKAR, J.
Rule. Rule made returnable forthwith. Considering the nature of controversy between the parties, I have heard the matter for final disposal by consent of learned counsel for the respective parties.
2. Subject-Matter:-
An order passed by the learned Civil Judge, Senior Division, Shahada, Dist. Nandurbar on 18.07.2024 in Regular Civil Suit No.23 of 2023 u/s 75 r/w Order 26 Rule 9 the Code of Civil Procedure is under challenge. In a suit for mandatory injunction for removal of encroachment caused by the Defendant on Government acquired land, the Defendant sought appointment of a Court Commissioner to admeasure the land in Gut No.89/1 situated at Village Kukadel, Tq. Shahada, Dist.Nandurbar and for fixing the boundaries. Order passed by the Trial Court appointing Court Commissioner is the subject-matter of this Petition.
3. Introduction: 15 R land owned by Respondent No.1’s mother at Village Kukadel, Tk. Shadada, Dist. Nandurbar was acquired by the State Government. The owner attempted to re-occupy the said land on account of failure of Govt. to use it for public purpose. Owner’s suit filed against the State govt. was dismissed. Civil Court observed that t
Court Commissioner for land measurement under CPC not appointable before plaintiff's evidence in encroachment suit on alleged government acquired land when dispute is acquisition status per prior dec....
Law relating to appointment of Court Commissioner is fairly well settled and that the Court Commissioner cannot be appointed for the purpose of collection of evidence.
Boundary disputes necessitate the appointment of a local Commissioner for clarity, ensuring courts fulfill the legal requirement of definitive evidence before adjudication.
[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....
The main legal point established is that the appointment of a Court Commissioner for local investigation is a valid procedural step to resolve disputes over property ownership and encroachment.
The main legal point established was the necessity of appointing a Court Commissioner for local investigation to resolve property disputes and the importance of expeditious disposal of suits as direc....
The court affirmed that previous orders rejecting applications for scientific measurement in ongoing litigation are final and cannot be re-agitated, emphasizing the principles of res judicata and tim....
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