This writ petition challenged an order appointing a Court Commissioner in a suit for injunction. The court held that while commissioners cannot simply collect evidence, they may assist in inspecting premises to clarify facts. The petition was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE LHIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1943/2008
Udhav S.Kale PETITIONER VS. Nagnath B.Bandpatte RESPONDENT
Mr.Ajey A.Joshi for the petitioner Mr.S.N.Deshpande for Res.no.1
CORAM: MRS.MRIDULA BHATKAR,J. DATE : 28th April,2009
P.C.
. Heard.
2] This petition is filed against the order passed by the Jt.Civil Judge,J.D.Pandharpur dated 25/2/2008 allowing the application for appointment of Court Commissioner moved by the respondent/ defendant in the original suit. The original suit is filed by the petitioner i.e.original plaintiff for injunction simplicitor that the respondent/defendant should not disturb the peaceful possession of the petitioner . In the said suit the respondent has taken defence that he is in possession of the suit land since November,1983 and he is having house ,pipe line, cattle shed,etc. The learned counsel for the petitioner has submitted that the Court Commissioner in the suit for injunction simplicitor could not collect the evidence and what is averted by the defendant could not be brought on record through the Court Commissioner. Hence the order passed by the learned Trial
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Judge is erroneous and to be set aside.
3] It is true that the Court Commissioner cannot be appointed to collect the evidence ,however,the Court Commissioner is appointed by the Court to assist the Court to get the clear picture of the suit premises for the issues involved therein. Hence the finding given by the learned Trial Court while allowing the application for appointment of Court Commissioner is not found illegal. No interference is warranted.
The petition is dismissed with no order as to costs.
(Mrs.Mridula Bhatkar,J.)
2 issues framed by the court
Whether the subordinate court was correct in allowing the appointment of a Court Commissioner in a suit for injunction.
Whether the High Court should interfere with the trial court's order appointing a commissioner to inspect suit premises.
Udhav S. Kale
Nagnath B. Bandpatte
Mridula Bhatkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
