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BOMBAY HIGH COURT - BENCH AT AURANGABAD
Sandeep V. Marne, J
DINANATH SUPDU JOSHI DIED THROUGH LRS SHARDA DINANATH JOSHI – Appellant
Versus
SHRIRAM SHRIKRUSHNA DAUTKHANE AND ANOTHER – Respondent
| Table of Content |
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| 1. the petitioner challenges an order for land measurement amidst encroachment claims. (Para 2 , 3 , 4) |
| 2. arguments address the appropriateness of measuring land during injunction proceedings. (Para 5 , 7) |
| 3. the court clarifies conditions under which a court commissioner can be appointed. (Para 6 , 8 , 10 , 12 , 14) |
| 4. the court rules against appointing court commissioner for evidence collection. (Para 11) |
| 5. the petitioner succeeds; previous order is set aside without costs. (Para 15 , 16) |
. Rule. Rule is made returnable forthwith. With the consent of parties taken up for final hearing.
2. By this petition, petitioner challenges order dated 12th August, 2022 passed by the 02nd Joint Civil Judge Senior Division, Nandurbar allowing application of the defendant No. 1/ respondent No. 1 for appointment of Court Commissioner for measurement of plot Nos. 23 and 24 at Survey No. 284, Shanti Nagar, Nandurbar. Application was moved by the defendant No. 1 in the suit filed by the plaintiff/petitioner. The suit is filed by plaintiff seeking injunction against the defendant No. 1 from encroaching upon common road in the colony and for removal of unauthorized construc
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