Sampat Vishnu Bandal v. Dinkar Bhiku Bardade and Others
Civil Procedure – Appointment of Court Commissioner – Order XXVI Rule 9 CPC – Encroachment suit
Case brief
What is this about?
Writ Petition No. 10558 of 2025, High Court of Bombay (Civil Appellate Jurisdiction), N. J. Jamadar J., decided 24 February 2026. Sampat Vishnu Bandal v. Dinkar Bhiku Bardade And Others. Challenge to Civil Judge's order dated 7 October 2024 appointing the Deputy Superintendent, Land Records Department as Commissioner to measure property No.168 and Gat No.136 in a suit for declaration, perpetual injunction and removal of encroachment, where the defendant denied the existence of suit property 1A and claimed property 1B was part of Gat No.136. High Court upheld the appointment, citing Order XXVI Rule 9 CPC and Haryana Waqf Board vs. Shanti Sarup (2008) 8 SCC 671; petition and IA 8100/2025 disposed; execution of commission deferred four weeks.
What did the court decide?
Petition disposed without interference with the impugned order; if the Court Commission has not yet been executed, its execution is deferred for four weeks to enable the petitioner to approach the Supreme Court; Interim Application No. 8100 of 2025 also stands disposed.