In a civil writ petition, the High Court of Bombay declined to interfere with the impugned trial Court order rejecting the defendant's application for Nimtana re-measurement, stating that evidence was still being recorded and liberty was granted to file a fresh application post-evidence.
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DDR
FARAD CONTINUATION SHEET No.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 3682 OF 2019
Ganpat Hariba More..Petitioner
vs.
Balasaheb Janardhan Jagtap..Respondent.
Shri A.K. Patil for petitioner.
Shri S.S. Redekar for respondent.
CORAM : M.S.KARNIK, J.
DATE : 25th SEPTEMBER, 2019
P.C.
Not on Board. Taken on Board.
2. Heard learned counsel for the petitioner.
3. The challenge in this Petition is to an order dated 12th
December, 2018 passed by the trial Court rejecting the application
made by defendant for Nimtana re-measurement by Nimtandar
being not satisfied by the measurement by the Court
Commissioner (TILR) in Measurement Case No. 481 of 2016.
4. I do not see any reason to interfere with the order passed by
the trial Court as the evidence is being recorded. However, after
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the evidence is recorded, if necessary, liberty is kept open for the
defendant to make a fresh application for appointment of the
Nimtandar. The application for Nimtana Measurement shall be
considered by the trial Court on its own merits and in accordance
with law without being influenced by the observations made in the
impugned order.
5. The Petition is disposed of.
(M.S.KARNIK, J.)
Digitally signed by Diksha Diksha Rane Date: Rane 2019.09.26 19:06:58 +0530
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1 issue framed by the court
Whether there is reason to interfere with the trial Court's order rejecting the defendant's application for Nimtana re-measurement.
Ganpat Hariba More
Balasaheb Janardhan Jagtap
M.S. Karnik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court