Maruti Mahadeo Durgawale Vs Indutao Bajirao Pawar

The petitioner, who is the original defendant in R.C.S. No.99 of 2010 pending before the Civil Judge, J.D.,Karad, has challenged the appointment of an Advocate as Court Commissioner for inspection of the suit property. The main contention of the petitioner is that the Taluka Inspector of Land Records (TILR) should have been appointed as Court Commissioner, who could take the measurement of the property and give clear picture of the property and not an Advocate.

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After some discussion at the Bar, with consent of the learned

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Counsel, the petition may be disposed of with the following directions :-

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(i) The trial Court shall appoint TILR as Court Commissioner to

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measure and inspect the suit property, being plot nos. 12, 17 and 18 situated at Survey No.138/3 of Village Goleshwar, to their fix boundaries and to show the construction on the said plots. The plaintiff shall pay costs of the Court Commissioner.

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(ii) The Advocate, Mr. P.N.Patil, who was appointed as Court Commissioner by the trial Court has already submitted his report. The trial Court may consider the report of Mr. Patil as well as the report which may be submitted by the TILR for deciding the matter.

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The Petition stands disposed of accordingly.

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(J.H.BHATIA,J.)

Maruti Mahadeo Durgawale v. Indutao Bajirao Pawar

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Maruti Mahadeo Durgawale v. Indutao Bajirao Pawar

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