Shanti Lal S/o Ramaji Bheel vs Jagannath S/o Ramaji Bheel

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Raj) 1909

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
ARUN MONGA
Shanti Lal S/o Ramaji Bheel – Appellant
Versus
Jagannath S/o Ramaji Bheel – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Ms. Deepika Soni a/w Ms. Anjali Gehlot.

Table of Content
1. prayer for local commissioner appointment due to conflicting possession claims. (Para 1 , 2)
2. trial court's dismissal was challenged on the grounds of necessity for factual clarity. (Para 3)
3. court acknowledges the role of a local commissioner to clarify possession issues. (Para 4 , 5 , 6 , 7 , 8)
4. writ petition allowed, imposing an appointment of local commissioner. (Para 9 , 10 , 11 , 12)

Order :

1. The petitioners (plaintiffs) seek quashing of the impugned order dated 05.03.2025 (Annexure 5), vide which their application under Order 26 Rule 9 CPC, seeking appointment of a Local Commissioner, was rejected.

2.1. The respondents filed a reply, denying the petitioners’ claim, and asserted that they are in possession and the petitioners have no right, title, or interest in the suit land.

2.3. The respondents opposed the application, contending that it was an attempt to collect evidence and denied the petitioners’ claim regarding possession and cultivation.

3. Learned counsel for the petitioners submits that the trial Court erred in dismissing the application under Order 26 Rule 9 CPC, as the appointment of a Commissioner was necessary to fairly ascertain the actual s

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