Baliram Bhiku Shinde Thr. P.A.H. Vikas Baliram Shinde v. Bajirao Hari Shinde and Anr.
Case brief
What is this about?
6-WP-5326-2024; Baliram Bhiku Shinde through P.A.H. Vikas Baliram Shinde v. Bajirao Hari Shinde & Anr; Bombay High Court, N. J. Jamadar J., decided 26 February 2025; writ petition against rejection of Court Commissioner application in Regular Civil Appeal No. 122 of 2022 (District Judge, Satara), arising from injunction-simplicitor suit decreed on 24 June 2022 by Civil Judge JD Koregaon; ground: appellate-stage commission sought only to collect evidence of structure dimensions and age, no demarcation or identity-of-property dispute; petition dismissed; petitioner represented by Rushikesh C. Barge; no appearance for respondents.
What did the court decide?
On a bare perusal of the prayer in the application, the proposed exercise by the Court Commissioner — ascertaining the dimension of the structure on the suit property and its age — was directed at collection of evidence, not at elucidation of the matter in controversy.