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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
PRANAY VERMA
Bagdiram – Appellant
Versus
Ramsingh – Respondent
| Table of Content |
|---|
| 1. facts of property ownership and disputes (Para 1 , 2 , 3 , 4 , 5 , 7) |
| 2. arguments regarding boundary dispute and procedural requirements (Para 6 , 8 , 9) |
| 3. legal necessity for appointing a local commissioner (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 4. conclusion and order to remand for re-evaluation (Para 18 , 19) |
ORDER :
1. This appeal under Section 100 of the CPC has been preferred by the appellants/defendants being aggrieved by the judgment and decree passed by the Courts below whereby the claim of plaintiffs/respondents for permanent injunction has been decreed.
2. As per the plaintiffs, by a registered sale deed dated 29.03.1961 Jagannath, Daulatramji and Dhannaji had purchased survey No.72/82 area 4.31 acre from Pyara S/o Tulsiji Chamar. They divided the land amongst themselves subsequently as a result of which survey No.72/82/2 fell to the share of Jagannath, survey No.72/82/3 fell to the share of Dhannaji and survey No.72/82/1 fell to the share of Daulatramji. The same were accordingly recorded in the revenue records. The plaintiffs are in possession of survey No. 72/82/2 area 0.809 hectare fallen to the share of their predecessor Jagannath which is the
Boundary disputes necessitate the appointment of a local Commissioner for clarity, ensuring courts fulfill the legal requirement of definitive evidence before adjudication.
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.
Rule 9 of Order 26 of Code of Civil Procedure empowers Court to issue commission to make local investigation which may be required for purpose of elucidating any matter in dispute.
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.
The court emphasized the importance of following instructions for demarcation and the power of the court to appoint a fresh Local Commissioner. The court also highlighted the need for evidence to be ....
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 in the judgment is that the appointment of an Advocate Commissioner in a suit for injunction is permissible when there is a dispute regarding the boundaries and exten....
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.
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