Madan Mulchand Purohit and Another v. Samadhan Shrawan Bharsakale
Case brief
What is this about?
W.P. No. 4428 of 2019, Bombay High Court Nagpur Bench, decided 18-11-2025 (Siddheshwar S. Thombre, J.). Keywords: application for appointment of Court Commissioner; measurement by Taluk Inspector of Land Records (TILR); ascertainment of encroachment on suit property; suit for declaration and possession (R.C.S.No.155/2012, 5th Jt. CJJD Khamgaon); rejection below Exh.34 dated 19/03/2019; filling up lacuna during trial; PW-1 evidence concluded; no specific reasons in application; Kolhapuri Bandu Lakade v. Yallappa Chinappa Lakade 2011 (3) Mh.L.J. 348 distinguished; Shantaram Dattatray Kekan v. Bhausaheb Karbhari Kekan (W.P. No.14046 of 2021, decided 05/12/2022) distinguished; writ petition dismissed; no order as to costs.
What did the court decide?
In a suit for declaration and possession of the suit property, the plaintiffs cannot be permitted to collect evidence or fill up lacuna at this stage.