Dismissed

Shri Jivanlal Hemchand Shah Died Lrs Nirmalabai Jivanlal Shah and Others v. Tekchand Rehadamal Katariya Died Lrs Shantidevi Tekchand Katariya and Others

Bombay HC25 Feb 2021WP/1765/2017

Case brief

AI extract

What is this about?

A writ petition challenging the trial court's refusal to appoint a Court Commissioner was dismissed. The High Court upheld the impugned order finding no error as the trial court reasonably concluded that the attached photgraphs did not clearly establish damage to the suit property.

What did the court decide?

The Writ Petition challenging the refusal to appoint a Court Commissioner is hereby dismissed.

Shri Jivanlal Hemchand Shah Died Lrs Nirmalabai Jivanlal… — Landlord and Tenant | Bombay HC (2021)

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927-WP-1765-2017.odt

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 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 BENCH AT AURANGABAD

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927 WRIT PETITION NO. 1765 OF 2017

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SHRI JIVANLAL HEMCHAND SHAH DIED THROUGH LRS
NIRMALABAI JIVANLAL SHAH AND OTHERS
VERSUS

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SHRI TEKCHAND REHADAMAL KATARIYA DIED THROUGH
LRS SHANTIDEVI TEKCHAND KATARIYA AND OTHERS

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Advocate for Applicants : Mr. Mukul S. Kulkarni
Advocate for Respondent Nos. 1A to 1D & 2 : Mr. Aditya N.
Ayachit h/f Mr. K. C. Sant

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CORAM : V. K. JADHAV, J.
DATED : 25TH FEBRUARY, 2021

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PER COURT :-

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1. By consent, heard both sides finally at admission stage.

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2. The petitioners are the original defendants. The

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petitioners are the tenants over the suit property and the
respondent-landlord has filed a suit for eviction bearing
Regular Civil Suit No. 81 of 2006. In the pending suit, the
petitioners-defendants filed application Exhibit 139 for
appointment of Court Commissioner for the reason that

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there is common wall between the tenanted portion of the

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house and the house purchased by the respondent-landlord

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vre/-

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2 927-WP-1765-2017.odt

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in the name of his wife Shakuntala and since the
respondent-landlord has tried to demolish the said house,
the tenanted house also got damaged. Learned counsel
submits that the petitioners have placed before the trial
court the photographs to substantiate the case. However, the
trial court has refused to appoint Court Commissioner.

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3. Learned counsel for the respondents has supported the impugned order passed by the trial court below Exhibit 139.

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4. I have carefully gone through the impugned order

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passed by the trial court. In para no.3, the trial court has
specifically observed that the adjacent property to the suit
house property has been purchased by the wife of
respondent no.1, namely, Shakuntalabai and she had
demolished the said property. However, the tenanted house
in which the petitioners are residing and carrying out
business, prima facie appears to be in good condition.
Though certain photographs are placed before the trial
court, however the trial court has observed that it is not

vre/-

927-WP-1765-2017.odt

clear from the said photographs that those are of the suit
house.

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5. In view of the above, I find no error in the order passed by the trial court. Considering the observations made by the trial court while deciding application Exhibit 139, I

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find no substance in this Writ Petition. The Writ Petition is

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hereby dismissed.

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( V. K. JADHAV, J. )

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vre/-

Shri Jivanlal Hemchand Shah Died Lrs Nirmalabai Jivanlal Shah and Others v. Tekchand Rehadamal Katariya Died Lrs Shantidevi Tekchand Katariya and Others

Case brief

What is this about?

What did the court decide?

Shri Jivanlal Hemchand Shah Died Lrs Nirmalabai Jivanlal Shah and Others v. Tekchand Rehadamal Katariya Died Lrs Shantidevi Tekchand Katariya and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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Coram

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