This is a writ petition under Article 227 challenging a judgment rejecting a prayer for inspection of suit property under Order 18 Rule 18 CPC.
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.
1 wp 1060.13
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
WRIT PETITION NO. 1060 OF 2013
Ishwarappa Mahalingappa Dongre Died through L.Rs. Ashok Ishwarappa Dongre .. Petitioner
Versus
Dashrath Vishwanath Salunke and others .. Respondents
Shri N. V. Gaware, Advocate for the Petitioner.
CORAM : S. V. GANGAPURWALA, J. DATE : 06TH FEBRUARY, 2013.
PER COURT :
. The application is given by the petitioner invoking Order 18 Rule 18 of the Code of Civil Procedure asking the Court to make the inspection of the suit property. The same is rejected.
2 wp 1060.13
raised by the present petitioner. The defendant Nos. 1 and 2 have closed the way by construction of wall. The way being used by the plaintiff is closed by the defendant Nos. 1 and 2 by constructing the South-North wall. In fact, they have encroached upon the property mentioned in the plaint para 1-B. The learned counsel submits that the Court has failed to exercise the discretion vested in it. There is no stage prescribed for inspection of the suit properties. The same can be done at any stage. This aspect has not been considered by the Court.
ORDER XVIII
18. Power of Courts to inspect .-- The Court may at any stage of a suit inspect any property or thing concerning which any question may arise [and where the Court inspects any property or thing it shall, as soon as may be practicable, make a memorandum of any relevant facts observed at such inspection and such memorandum shall form a part of the record of the suit.]
3 wp 1060.13
Court feels that personal inspection of the suit site is necessary, then the Court may at any stage of the suit inspect any property or thing concerned, if any question may arise and shall make a memorandum of any relevant facts observed at such inspection. Order 18 Rule 18 is the power of the Court to inspect. A party does not have a right to insist upon the Court to inspect the suit site. The said provision is not akin to the Order 26 Rule 9 of the C. P. C. The Court has observed that, he is not satisfied about the grounds mentioned to necessitate the site inspection.
[ S. V. GANGAPURWALA, J. ]
bsb/Feb. 13
2 issues framed by the court
Whether the High Court is justified in refusing to interfere under Article 227 despite the petitioner's prayer for site inspection under Order 18 Rule 18 CPC.
Whether a party has a right to insist upon the Court to inspect the suit site.
2 provisions across 2 enactments
Ishwarappa Mahalingappa Dongre as L.R. of Ashok Ishwarappa Dongre
Dashrath Vishwanath Salunke and others
S. V. Gangapurwala
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
