Vasudeo Anandrao Pawar and Others v. Ashok Pandurang Adhau and Others
Case brief
What is this about?
Bombay High Court, Nagpur Bench; Writ Petition No.864 of 2025; decided 27.02.2026 by Prafulla S. Khubalkar, J.; Vasudeo Anandrao Pawar & Ors. v. Ashok Pandurang Adhau & Ors.; appointment of Court Commissioner; rejection of application for Commissioner; measurement and re-measurement of suit property; sub-division (Pot-hissa); encroached portion shown at Sr.No.4 of map; Exh.62 order dated 14.10.2022; Exh.69 letter dated 03.04.2023; application dated 26.03.2024; impugned order dated 20.09.2024; repeated applications an attempt to collect evidence; duty to prove possession and damages claim on independent evidence; liberty to appeal against measurement before Superintendent of Land Record; writ petition dismissed, no order as to costs.
What did the court decide?
Despite sufficient material on record in the form of the Commissioner's report and the map based on the re-measurement, the petitioner's further attempt to get a Commissioner appointed is clearly an attempt to collect evidence.