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SANDEEP V. MARNE, SANDEEP V. MARNE
Yasin Gulab Shikalkar – Appellant
Versus
Maruti Nagnath Aware – Respondent
JUDGMENT
Rule. Rule made returnable forthwith. With consent of both the sides, the petition is taken up for final hearing.
2. Order dated 15 December 2021 passed by the District Judge, Solapur rejecting Petitioner’s application for appointment of Court Commissioner for measurement of lands during pendency of Appeal is the subject matter of challenge in the present Petition.
3. Petitioner / plaintiff instituted a Regular Civil Suit No.62 of 2010 for permanent injunction as well as for recovery of possession of encroached portion of land. During pendency of the Suit, Petitioner/plaintiff fled an application under the provisions of Order 26 Rule 9 of Civil Procedure Code, 1908 (“Code”) for appointment of Court Commissioner for measurement of lands and filing of boundaries. The Trial Court was pleased to allow the application vide its order dated 1 August 2011 and Taluka Inspector of Land Record (“TILR”) came to be appointed as the Court Commissioner for conducting joint measurement of lands bearing Gat Nos. 137/3/A, 137/3/B, 137/2/B/1 and 122 and to indicate the boundaries of lands in possession of the respective parties. TILR conducted measurement of lands and fled his report along w
(1) Court is empowered to appoint another Court Commissioner and there is no question of attracting principle of res judicata.(2) Production of additional evidence – Appellate Court can even direct e....
The court affirmed that previous orders rejecting applications for scientific measurement in ongoing litigation are final and cannot be re-agitated, emphasizing the principles of res judicata and tim....
Court Commissioner for land measurement under CPC not appointable before plaintiff's evidence in encroachment suit on alleged government acquired land when dispute is acquisition status per prior dec....
The main legal point established in the judgment is that a Court Commissioner cannot be appointed to enable parties to collect evidence, and the burden of proving encroachment rests on the party alle....
The discretion of appointing an Advocate Commissioner under CPC does not equate to gathering evidence; it serves to resolve disputes of property boundaries effectively.
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The appointment of an Advocate Commissioner under Order 26 Rule 9 of the CPC is essential in land disputes where precise measurement or inspection is required to resolve factual discrepancies in exte....
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