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SANJAY KUMAR DWIVEDI
Maya Ram – Appellant
Versus
Asha Ram – Respondent
JUDGMENT
By order dated 21.10.2024 notice has been issued upon the O.P. Nos. 1 and 2. The notice upon the O.P. Nos. 1 and 2 has been served and the matter was adjourned for 02.12.2024 inspite of that nobody appeared on behalf of the O.P. Nos. 1 and 2 and with a view to provide one more opportunity to the O.P. Nos. 1 and 2 the matter was again adjourned for 06.01.2025 and further for today. Today, also nobody appeared on behalf of the O.P. Nos. 1 and 2 and in view of that this matter is being heard in absence of O.P. Nos. 1 and 2.
2. Heard learned counsel for the petitioner.
3. This petition has been filed under Article 227 of the Constitution of India for quashing of the order dated 14.03.2023 (Annexure-9) passed by the learned Civil Judge (Sr. Division)-I, Jamshedpur in Original Title Partition Suit No. 100 of 2006 whereby learned court has been pleased to allow the application of the respondents-plaintiffs dated 16.05.2014 objecting to the report submitted by the pleader commissioner dated 10.04.2014 and has been further pleased to direct the appointment of fresh pleader commissioner.
4. Learned counsel for the petitioner by way of drawing the attention of the Court to the impugne
(1) Reasons – Reasons for superseding the first Commissioner’s report must be recorded in writing by the Court.(2) Second Commission – The dissatisfaction can be before the submission of the report o....
Judicial and quasi-judicial authorities must provide reasons for their decisions to ensure transparency, accountability, and adherence to principles of natural justice.
The Court emphasized the need for proper measurement of plots as per sale deeds for partition and reiterated the position of law in respect of partition of immovable properties through the Court Comm....
An application under Article 227 challenging an order accepting a Partition Commissioner's Report is maintainable until a final decree is passed in the partition suit.
The main legal point established in the judgment is that a new Court Commissioner should not be appointed unless the report of the earlier Commissioner is discarded, and parties are entitled to exami....
A commission report can be remitted for further inquiry without being set aside if it is found to be deficient, ensuring judicial efficiency.
In partition suits, established procedures involving a commissioner's report must be adhered to; objections require substantial evidence to be upheld against such reports.
The acceptance of a commissioner's report in partition proceedings can be upheld by the court unless substantial evidence is provided to challenge its findings.
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