Dismissed

Rajendra Baswantsingh Dikkhat and Others v. Narayan Sopan Naikwade

Bombay HC7 Feb 2013WP/1104/2013

Case brief

AI extract

What is this about?

This writ petition challenged the appointment of a court commissioner in a civil dispute over property location. The court held that the commissioner's report was necessary to ascertain the facts and dismissed the writ petition.

What did the court decide?

The writ petition is dismissed. The Trial Court is directed to ensure the submission of the Court Commissioner's report expeditiously.

Rajendra Baswantsingh Dikkhat and Others Vs… — Civil Procedure and Limitation | Bombay HC (2013)

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wp1104.13

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD

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WRIT PETITION NO. 1104 OF 2013

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Rajendra s/o Baswantsingh Dikhat & ors. ...Petitioners VERSUS Narayan s/o Sopan Naikwade ...Respondent

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Shri D.B.Pawar, advocate for Petitioners

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CORAM : S.V.GANGAPURWALA, J.

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DATED : 7th FEBRUARY, 2013.

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PER COURT : -

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1] The order, dated 22.3.2012 appointing the T.I.L.R. as a

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Court Commissioner is assailed.

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2] Shri Pawar, learned counsel for the petitioners submits

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that the real dispute is with regard to the location of the property.

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The learned counsel submits that the respondent/plaintiff is now

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interfering in the possession of the present petitioners. The Court

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2wp1104.13

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had directed the T.I.L.R. to submit the report by 30.5.2012, but the

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same is not yet submitted. According to the learned counsel, the respondent/plaintiff is taking undue advantage of the interim orders passed by the Trial Court.

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3] When the defendants state that the dispute is with regard

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to the location of the property, then appointment of T.I.L.R. as a Court Commissioner would assist the Court in arriving at the just conclusion. I do not see any error committed by the Court below in exercise of its discretion. The Trial Court had directed the T.I.L.R. to submit its report on or before 30.5.2012. If the same is not submitted, the Trial Court shall issue necessary orders for submission of the same expeditiously.

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4] Writ Petition is accordingly dismissed. No costs.

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(S.V.GANGAPURWALA, J.)

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dbm/wp1104.13

Rajendra Baswantsingh Dikkhat and Others v. Narayan Sopan Naikwade

Case brief

What is this about?

What did the court decide?

Rajendra Baswantsingh Dikkhat and Others v. Narayan Sopan Naikwade

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Parties & counsel

Coram

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