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UMESH A. TRIVEDI
SNEHI MANDAL CO-OP. HOUSING SOCIETY LIMITED – Appellant
Versus
GENERAL MANAGER, WESTERN RAILWAY, BOMBAY – Respondent
ORDER :
1. By way of this petition under Article 227 of the Constitution of India, the petitioner-original plaintiff challenges the order dated 02.09.2022 passed below Exhibit-315 and order dated 17.09.2020 passed below Exhibit-338 (wrongly stated to be Exh-457 in the prayer clause), contending that the said orders are illegal and passed without hearing the petitioner, so far as order passed below Exhibit-338 is concerned.
2. In addition to it, on merit, other grounds are raised.
3. The petitioner is the original plaintiff, who had filed a suit being Regular Civil Suit no. 78 of 2006 in the Court of Civil Judge (Senior Division), Godhara, claiming that suit property is owned and possessed by the petitioner-Society, as an owner, and defendants- respondents herein have no right, title or interest to remove them from the said possession or interfere with the boundary or damage or remove the boundary thereof. In short, the said suit is filed for permanent injunction restraining the defendants therein, not to interfere with their physical possession, not to damage or remove the boundary thereof. On filing of the suit, summons came to be issued, defendants appeared before the Court and file
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 main legal point established in the judgment is that there is no bar to appoint a Court Commissioner twice, and the satisfaction of the Court is the only criteria for granting or disallowing the ....
The discretionary nature of relief under Order 26 Rule 9 of CPC and the limited scope for entertaining a petition under Article 227 of the Constitution of India.
The discretionary nature of powers under Order 26 Rule 9 of CPC and the limited scope for entertaining a petition under Article 227 of the Constitution of India.
Boundary disputes necessitate the appointment of a local Commissioner for clarity, ensuring courts fulfill the legal requirement of definitive evidence before adjudication.
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