Petition challenged the trial Court's order allowing appointment of a Court Commissioner for measuring suit property in a boundary-fixation and encroachment-removal suit. The High Court found no ground to interfere with that interlocutory order and dismissed the writ petition.
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2024:BHC-NAG:14147 1
wp 5759.24.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR
Writ Petition No.5759/2024 (Subhash V Sandip and others)
Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders
CORAM : N.R. Borkar, J. DATE : 11-11-2024.
This petition takes exception to the order dated 16-08-2023 passed by the learned Civil Judge, Junior Division, Risod below Exhibit-51 in Regular Civil Suit No.60/2016.
ii. The respondent Nos.1 and 2 herein have filed a suit for fixation of boundary marks of the suit property owned by them and possession of land to the extent of 51 R on the ground that petitioner and respondent Nos.3 to 12 have encroached upon the suit property to that extent.
iii. By the order impugned, the leaned trial Court has allowed the application filed by the respondent for appointment of Court Commissioner for measurement of suit property.
2 wp 5759.24.odt
iv. As the suit is for removal of encroachment and
fixation of boundaries, I am not inclined to interfere with the
impugned order. The petition is dismissed.
( N.R. Borkar, J. )
Deshmukh
1 issue framed by the court
Whether the trial Court's order appointing a Court Commissioner for measurement of suit property in an encroachment suit should be interfered with.
Subhash V Sandip and others
Respondent Nos.1 and 2
N.R. Borkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
