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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
PRANAY VERMA
Kanihaiyalal – Appellant
Versus
Indrabai – Respondent
1. This petition under Article 227 of the Constitution of India has been preferred by the plaintiff/petitioner being aggrieved by the order dated 24.01.2024 passed by the trial Court whereby his application under Order 26 Rule 9 of the CPC for appointment of a local Commissioner had been rejected.
2. The suit has been instituted by the plaintiff for declaration of title in respect of survey No.311 Gram Guradiyanarsingh, Tehsil Garoth, District Mandsaur. As per the plaintiff, he and defendant No.1 are adjoining land holders with defendant No.1 being the owner of survey No.312. Earlier there was a civil suit between the parties which was disposed off as compromised as per which demarcation had to be carried out. Thereafter survey No.312 has been sold as per the boundaries mentioned in the sale deed. However the boundaries of the lands of the parties do not match due to which the sale deed executed in favour of defendants 2 and 3 by defendant No.1 is void. Demarcation has been carried out on 16.06.2018 but the defendants are not accepting the same.
3. Written statement has been filed by defendants from which it is observed that they have pleaded that they are in possession over t
Local Commissioners can be appointed under CPC for resolving boundary disputes when acknowledged by both disputing parties, ensuring accurate demarcation in property cases.
The discretion to appoint a Commissioner for spot inspection and demarcation of property under Order 26 Rule 9 of CPC lies with the Trial Court, and the nature of relief is purely discretionary.
Boundary disputes necessitate the appointment of a local Commissioner for clarity, ensuring courts fulfill the legal requirement of definitive evidence before adjudication.
The demarcation of land by a Local Commissioner must be carried out strictly in accordance with the instructions of the relevant authorities and land record manuals.
The prime duty of the Court is to arrive at the truth of the matter and to adjudicate upon the issues brought before it in light of such truth.
The main legal point established is that the appointment of a Local Commissioner under Order XXVI Rule 9 CPC can be allowed in a civil suit to assist in elucidating the matter in dispute without caus....
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.
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