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

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

What the court decided

AI extract

Outcome

Appointment of the Taluka Inspector of Land Records as Court Commissioner, to submit a report within three weeks, considering the earlier maps and the title documents of both parties.

Issue for consideration

Whether the interim applications (IA Nos. 7587 and 7585 of 2024) filed by the Appellants seeking appointment of a Court Commissioner afresh, to clarify the factual position regarding the location of the well after the earlier Commissioner's report was disputed and discarded by both courts below, should be allowed. +1 more

Court's answer

IA No. 7587 of 2024 and IA No. 7585 of 2024 filed by the Appellants seeking appointment of a Court Commissioner are allowed.

Ratio / Principle

The Taluka Inspector of Land Records is appointed as the Court Commissioner.

Key takeaways

The Commissioner shall submit the report within a period of three weeks from the date of the order.ratio¶35
While preparing the report, the Commissioner shall consider the earlier maps as well as the title documents of both the parties.ratio¶35

Detailed headnote1 paragraphs

Bombay High Court (Kolhapur Circuit Bench), Mrs. Vrushali V. Joshi, J., 20 February 2026 — Second Appeals Nos. 217, 216 and 537 of 2018 (with IA Nos. 7587 and 7585 of 2024 and Civil Application No. 538 of 2018), Shri. Balkrishna Sripad Sardesai v. Shri. Narayan Sripad Sardesai: dispute between two brothers owning adjoining agricultural lands over a well. An earlier Court Commissioner's report placed the well in the Appellants' field, but the Trial Court discarded the report; the Respondent's suit restraining disturbance of the use of well water was decreed by the Trial Court and the order was confirmed by the lower Appellate Court, whereupon the Appellants approached this Court. With both parties presently drawing water from the well under an interim arrangement, the Court allowed IA Nos. 7587 and 7585 of 2024 and appointed the Taluka Inspector of Land Records as Court Commissioner to report within three weeks, considering the earlier maps and the title documents of both parties. The second appeals themselves were not finally disposed of by this order.

29-SA-217-2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR

CIVIL APPELLATE JURISDICTION

SECOND APPEAL NO.217 OF 2018

WITH

SECOND APPEAL NO.216 OF 2018

WITH

SECOND APPEAL NO.537 OF 2018

WITH

INTERIM APPLICATION NO.7587 OF 2024

WITH

INTERIM APPLICATION NO.7585 OF 2024

WITH

CIVIL APPLICATION NO.538 OF 2018

Shri. Balkrishna Sripad Sardesai …..Appellant Vs.

Shri. Narayan Sripad Sardesai …..Respondent

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.

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

P.C.:-

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

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

have filed these Applications seeking appointment of a Court

1/3

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.

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.

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

2/3

Suresh

29-SA-217-2018.doc

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

The Applications are allowed.

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.

(MRS. VRUSHALI V. JOSHI, J.)

3/3

Suresh