Writ petition challenging rejection of Plaintiffs application for Court Commissioner appointment to verify land measurement. Court held local inspection impermissible as extent decided by records. Dismissed appeal.
Writ petition stands rejected as writ cover is in order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WP No. 100767 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 24TH DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO.100767 OF 2023 (GM-CPC)
BETWEEN:
Digitally signed by YASHAVANT NARAYANKAR Location: High Court of Karnataka, Dharwad Bench
WP No. 100767 of 2023
AGE: 57 YEARS, OCC: AGRICULTURE, R/O MAGADI , TALUK: SHIRHATTI, DIST: GADAG-582 120.
…PETITIONERS
(BY SRI ABHISHEK L.KALLED, ADV.)
AND:
…RESPONDENTS
(BY SRI LAXMAN T.MANTAGANI , ADV.)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE THIS COURT A WRIT OR ORDER OR DIRECTION IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED ORDER DATED 15.11.2022 PASSED ON I.A. NO.XII IN O.S. NO. 05/2019, PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC LAXMESHWAR, AS PER ANNEXURE-E.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
WP No. 100767 of 2023
ORDER
Plaintiffs’ application filed under Order XXVI Rule 9 read with Section 151 of the Code of Civil Procedure, 1908 (“CPC” for short) seeking appointment of Court Commissioner to ascertain as to whether suit land bearing R.S.No.71/5 measures 1 acre 10 guntas or 3 acres is rejected by learned Judge. The said order is under challenge.
WP No. 100767 of 2023
substantiate his possession, he intends to seek local inspection, which amounts collection of evidence and therefore the same is not permissible under law.
SD/JUDGE
EM
List No.: 1 Sl No.: 6
2 issues framed by the court
Whether the lower court correctly rejected an application for appointment of a Commissioner to ascertain the extent of land in a suit for declaration by adverse possession
Whether a request for local inspection to prove land possession is permissible given that extent must be decided based on records
3 provisions across 2 enactments
VEERANAGOUDA S/O. DEVANAGOUDA PATIL
BHEEMAPPA S/O. YALLAPPA TALWAR
SACHIN SHANKAR MAGADUM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
