Petitioner challenged the trial court's appointment of TILR as a Commissioner for land measurement in a suit for removal of encroachment. The High Court found no grounds for interference.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE SIDE
WRIT PETITION NO. 6304 OF 2007
Sakharam Rama Jadam & ors.... Petitioner
versus
Bandu Dhondu Khot ...... Respondent.
Shri P.D.Dalvi for the petitioner.
CORAM; A.P. DESHPANDE, J.
DATED; 25TH OCTOBER, 2007
P.C.;
1. The Petitioner takes an exception to an
interlocutory discretionary order passed by the trial
court appointing TILR as a Commissioner for
measurement of the land. The suit is for removal of
encroachment. The trial court being of the view that
in the facts of the present case, it is desirable to
appoint TILR as a Court Commissioner and his report
would be helpful for determination of the rights of
the parties, has passed the order.
2. Perused the order. The same does not call for any
interference. Hence writ petition is summarily
dismissed.
1 issue framed by the court
Whether the High Court should interfere with the trial court's interlocutory order appointing a Commission of Measurement.
Sakharam Rama Jadam & ors.
Bandu Dhondu Khot
A.P. Deshpande
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court