The petitioner challenged the appointment of a Court Commissioner. The Court rejected the contention that such appointment was erroneous due to the absence of a boundary dispute, finding merit in the Civil Judge's order and dismissing the writ petition.
Writ petition dismissed with costs; Rule discharged.
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wp 3074.16.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
WRIT PETITION NO.3074 OF 2016
Lalu S/o Moraji Mane, Age: 57 years, occu: labour R/o Deelipsingh Colony, Goverdhan Ghat, Nanded Petitioner
Versus
Sardar Satpalsingh S/o Ranjeetsingh Kolhapure, Age: 34 years, occu: service, R/o Deelipsingh Colony, Goverdhan Ghat, Nanded Respondent
Mrs. S.G. Chincholkar advocate for the petitioner Mr. A.M. Mukhedkar, advoate for Respondent
CORAM :S.B. SHUKRE, J
(Date : 7TH February, 2017.)
ORAL JUDGMENT
3 By this petition, the order dated 19.1.2016 appointing Court Commissioner is under challenge on the ground that even though there is no boundary-dispute, existing between the rival parties, the learned Civil Court has erroneously appointed the Court Commissioner.
wp 3074.16.odt
4 On going through the impugned order as well as the plaint, I find that there is no merit in the said contention of the petitioner. In paragraph No.5 of the plaint, it is averred that the defendant i.e. petitioner has encroached over 50 x 1 1/2’ of the area of the property belonging to respondent and that the prayer clause also shows that mandatory injunction has been sought against the petitioner for removal of Kachcha construction over the area of 25 x 1 1/2’ of the property in possession of the respondent.
5 These facts have been rightly considered by the learned Civil Judge in the light of the settled law which has been discussed elaborately in the impugned order. I, therefore, see, no merit in this petition and it deserves to be dismissed with costs.
(S.B. SHUKRE, J)
vbd
2 issues framed by the court
Whether appointment of a Court Commissioner is permissible when the petitioner contends there is no boundary dispute between rival parties.
Whether the appointment of a Court Commissioner in the absence of a boundary dispute is erroneous under settled law.
Lalu S/o Moraji Mane
Sardar Satpalsingh S/o Ranjeetsingh Kolhapure
S.B. Shukre
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
