Smt. Parvatibai Eknath Karbade v. Panjabrao Gangaramji Sonone and Ors.
Case brief
What is this about?
Bombay High Court, Nagpur Bench; WP 6371/2025; Parvatibai Eknath Karbade vs Panjabrao Gangarmji Sonone & Ors.; Article 227 writ jurisdiction; Order 26 Rule 9 CPC local Commissioner application rejected; Order 24 Rule 9 CPC earlier application; re-joint measurement / fourth remeasurement refused; suit for removal of encroachment; successive surveys by Superintendent of Land Records, Deputy Superintendent of Land Records and Cadastral Surveyor (T.I.L.R., Amravati); defendant's objection vide Exhibit 49; cross-examination of Commissioner open during evidence; defective/unreliable report would defeat plaintiff's suit; no perversity in impugned order dated 25.04.2025; writ petition dismissed, no order as to costs; decided 07.03.2026; Judge Prafulla S. Khubalkar; neutral citation 2026:BHC-NAG:4093.
What did the court decide?
Given that the plaintiffs' suit is for removal of encroachment and the measurement maps based on measurements by Government officials are already on record, the objections raised by the petitioners/defendants to the third measurement map cannot be a reason for re-appointment of any Court Commissioner.