Back
NUPUR BHATI
Kachri D/o Shri Jeeva Balai – Appellant
Versus
Kanti Lal S/o Shri Poonam Chand Panchal – Respondent
JUDGMENT :
1. Though this matter has been listed in the “For Orders” category, but with the consent of learned counsel for both the parties, the matter has been finally heard.
2. The instant writ petition has been preferred by the petitioners under Article 227 of the Constitution of India with the following prayers:-
(ii) the application filed by the respondents Under Order 39 Rule 7 C.P.C. may be dismissed with costs in toto; and
(iii) any other appropriate relief which this Hon’ble Court deems fit necessary in the fact and circumstances of the present case be granted in favour of the petitioners; and
(iv) Cost of the writ petition kindly ordered to be awarded to the petitioners.”
3. Brief facts of the case are that respondents-plaintiffs filed a suit for permanent injunction against the petitioners-defendants regarding their jointly owned and possessed land situated in Araji No.508 Old No. 678,679 admeasuring 775 square yards of Village Lokiya, Patwar Halka Arthuna, Tehsil Gadhi, District Banswara which was purchased from one Daya
The High Court’s supervisory power under Article 227 can only be exercised to correct grave errors; dismissal of Advocate Commissioner application upheld as lawful.
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 central legal point established in the judgment is that the appointment of a Commissioner for local investigation should only be done for convenience and after considering the evidence produced b....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
