Jabbar Bashu Shaikh v. the District Collector and Others
Case brief
What is this about?
Court Commissioner appointment — measurement of suit property — application below Exh.-52 rejected — suit for perpetual injunction, not removal of encroachment — evidence closed — Commissioner cannot be appointed for collection of evidence (Trial Court's observation) — no perversity — writ petition dismissed, no costs — Aurangabad Bench, 2025:BHC-AUG:34534, decided 10.12.2025.
What did the court decide?
This Court found no perversity in the order dated 04.01.2023 passed below Exhibit-52 by the 3rd Joint Civil Judge, Senior Division, Latur in Regular Civil Suit No. 143 of 2017, and accordingly dismissed the petition. (The Trial Court's quoted observation that a Court Commissioner cannot be appointed for collection of evidence is the court-below's reasoning, endorsed but not independently pronounced as this Court's holding.) ¶¶22