Bhaskar S/O Prabhkar Narad v. Jaideo S/O Sampat Daulkar and Others
Case brief
What is this about?
Defective Court Commissioner's report - fresh commission for joint measurement - suit for removal of encroachment not to be dismissed for defective measurement - substantial question of law answered in plaintiff's favour - quashing of first appellate decree (08.02.2018, RCA 462/2014) and trial decree (01.10.2014, RCS 65/2009) - remittance to First Appellate Court - joint measurement by Competent Officer from Government agency - Trial Court to record Commissioner's evidence per Order 41 Rule 25 - objections per Order 41 Rule 26 - relied on Vijay Shrawan Shende and ors. Vs. State of Maharashtra and Ors., 2009(5) Bom.C.R. 306 - Nagpur Bench - Second Appeal No.276 of 2024 - decided 26.03.2026 by ROHIT W. JOSHI, J.
What did the court decide?
Second Appeal allowed: the judgment and decree dated 08.02.2018 in Regular Civil Appeal No.462 of 2014 and the judgment and decree dated 01.10.2014 in Regular Civil Suit No.65 of 2009 are quashed and set aside; the matter is remitted to the learned First Appellate Court to decide the appeal afresh, with directions to appoint a Competent Officer from a Government agency for joint measurement, to have the Trial Court record the Court Commissioner's evidence (Order 41 Rule 25), and permitting objections (Order 41 Rule 26); parties to appear before the First Appellate Court on 20.04.2026, which is requested to decide the appeal expeditiously and, if possible, before 30.04.2027.