Keshav Shankar Mudgade v. Balaji Pandurang Shinde and Others
Case brief
What is this about?
Bombay HC Aurangabad; WRIT PETITION NO. 2607 OF 2026; Keshav Shankar Mudgade v. Balaji Pandurang Shinde; Court Commissioner appointment before framing of issues / leading evidence; premature interlocutory order; Exhibit-6; R.C.S. No.37 of 2025; 2nd Joint Civil Judge Junior Division Ausa District Latur; encroachment 10 R; boundary dispute; joint measurement map; Shantaram Dattatray Kekan v. Bhausaheb Karbhari Kekan, 2023 (1) ABR 554 distinguished; res judicata; fixation of boundaries; Commissioner's report subject to objection and cross-examination; writ petition rejected; decision date 11 March 2026; judge S.G. Chapalgaonkar.
What did the court decide?
The precedent relied on by the petitioner (Shantaram Dattatray Kekan, 2023 (1) ABR 554) is distinguishable on facts: in that suit a defence of res judicata had been raised, the plaintiff had not stepped into the witness box, and the final relief claimed was fixation of boundaries; here, by contrast, there is a dispute as to boundaries and the suit is filed for removal of encroachment.