Allowed¶35

Balkrishna Sripad Sardesai v. Narayan Sripad Sardesai (Deceased) and Ors.

Bombay HC9 Jan 2026IA/7585/2024

Case brief

AI extract

What is this about?

Second Appeal No.217 of 2018; IA No.7587 of 2024; IA No.7585 of 2024; Civil Application No.538 of 2018; High Court of Judicature at Bombay, Circuit Bench at Kolhapur; Vrushali V. Joshi, J.; appointment of Court Commissioner; Taluka Inspector of Land Records; well; adjoining agricultural lands; brothers' land dispute; use of water from well; Trial Court decree; Appellate Court confirmation; discarded Commissioner's report; earlier maps; title documents; interim arrangement; Balkrishna Sripad Sardesai; Narayan Sripad Sardesai.

What did the court decide?

Appointment of the Taluka Inspector of Land Records as Court Commissioner to clarify the factual position regarding the well, with the report to be submitted within three weeks, considering the earlier maps and the title documents of both parties. ¶35

Balkrishna Sripad Sardesai vs Narayan Sripad Sardesai (Deceased) and Ors. — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

¶35

Issue for consideration

Whether a fresh Court Commissioner should be appointed to clarify the factual position regarding the well, given that the earlier Commissioner's report is disputed and was discarded by both the Trial Court and the Appellate Court. +1 more

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Court's answer

The interim applications IA No.7587 of 2024 and IA No.7585 of 2024, seeking appointment of a Court Commissioner, are allowed.

¶34

Ratio / Principle

The Taluka Inspector of Land Records is appointed as the Court Commissioner; he shall submit his report within three weeks, considering the earlier maps and the title documents of both parties while preparing the report.

¶35

Detailed headnote1 paragraphs

Bombay High Court (Circuit Bench at Kolhapur), Mrs. Vrushali V. Joshi, J., 20th February 2026 — In Second Appeal No.217 of 2018 (with Second Appeals Nos.216 and 537 of 2018, Interim Applications Nos.7587 and 7585 of 2024, and Civil Application No.538 of 2018), the Court allowed Interim Applications Nos.7587 and 7585 of 2024 filed by the Appellants (Shri. Balkrishna Sripad Sardesai) seeking appointment of a Court Commissioner. The dispute between the two brothers, owners of adjoining agricultural lands, pertains to a well which, per the earlier Court Commissioner's report submitted before the Trial Court, is situated in the Appellants' field; the Trial Court discarded that report and decreed the Respondent's (Shri. Narayan Sripad Sardesai's) suit, and the Appellate Court confirmed the Trial Court's order, after which the Appellants approached this Court. As the earlier Commissioner's report is disputed and has been discarded by both courts below, the Taluka Inspector of Land Records is appointed as Court Commissioner to submit a fresh report within three weeks, considering the earlier maps and the title documents of both parties. By way of interim arrangement, both parties continue to use water from the well.

¶1

29-SA-217-2018.doc

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIRCUIT BENCH AT KOLHAPUR

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CIVIL APPELLATE JURISDICTION

¶5

SECOND APPEAL NO.217 OF 2018

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WITH

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SECOND APPEAL NO.216 OF 2018

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WITH

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SECOND APPEAL NO.537 OF 2018

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WITH

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INTERIM APPLICATION NO.7587 OF 2024

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WITH

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INTERIM APPLICATION NO.7585 OF 2024

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WITH

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CIVIL APPLICATION NO.538 OF 2018

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Shri. Balkrishna Sripad Sardesai …..Appellant Vs.

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Shri. Narayan Sripad Sardesai …..Respondent

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Dr. Nilesh Pawaskar with Mr. Rahul S. Rane, for the Appellant. Mr. Drupad S. Patil with Mr. Rugwed Kinkar, for the Respondent 1A and 1B.

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CORAM : MRS. VRUSHALI V. JOSHI, J. DATED : 20^th FEBRUARY 2026

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P.C.:-

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IA.NO.7587 OF 2024 and IA. NO.7585 OF 2024:

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The Applicants, who are the Appellants in the present case,

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have filed these Applications seeking appointment of a Court

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Suresh

29-SA-217-2018.doc

Commissioner. The dispute between the parties is between two brothers owning agricultural lands adjoining each other. The dispute pertains to a well, which, as per the Court Commissioner’s report submitted before the Trial Court, is situated in the field of the Appellants.

¶28

Although the Commissioner’s report indicates that the well is situated in the Appellants’ field, the Trial Court discarded the said report. Both parties had filed suits seeking to restrain each other from disturbing the use of water from the well. The suit filed by the Respondent was decreed by the Trial Court. The Respondent challenged both orders before the Appellate Court, which confirmed the order passed by the Trial Court. Consequently, the Appellants have approached this Court.

¶29

By way of an interim arrangement, both parties are presently using water from the well. The Respondent disputes the Commissioner’s report stating that the well is situated in the Appellants’ field. As the earlier Commissioner’s report is disputed and has been discarded by both the Trial Court and the Appellate Court, the Appellants have filed the present Applications seeking

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Suresh

29-SA-217-2018.doc

appointment of a Court Commissioner afresh to clarify the factual position.

¶34

The Applications are allowed.

¶35

The Taluka Inspector of Land Records is appointed as the Court Commissioner. The Commissioner shall submit the report within a period of three weeks from today. While preparing the report, the Commissioner shall consider the earlier maps as well as the title documents of both the parties.

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(MRS. VRUSHALI V. JOSHI, J.)

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¶38

Suresh

Balkrishna Sripad Sardesai v. Narayan Sripad Sardesai (Deceased) and Ors.

Case brief

What is this about?

What did the court decide?

Balkrishna Sripad Sardesai v. Narayan Sripad Sardesai (Deceased) and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

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