In C.M.P.No.1514 of 2018, the single-judge High Court dismissed a challenge to an order appointing a Survey Knowing Commissioner. The Court found no perversity or illegality in the trial court's finding of an encroachment and boundary dispute warranting Article 227 intervention.
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.
C.M.P.No.1514 of 2018
2 19.12.2018 This petition challenges the order dated 3.12.2018 passed by the learned Civil Judge (Jr.Division), Salipur, whereby and whereunder, learned trial court has appointed a Survey Knowing Commissioner for demarcation of the suit land.
Heard learned Advocate for the petitioner.
The learned trial court came to hold that the dispute between the parties pertains to encroachment and boundary. Held so, it allowed the petition.
There is no perversity or illegality in the findings of the court below warranting interference of this Court under Article 227 of the Constitution of India.
The petition is dismissed.
Dr.A.K.Rath, J.
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2 issues framed by the court
Whether interference under Article 227 of the Constitution is warranted in view of the findings of the trial court.
Whether the appointment of a Survey Knowing Commissioner warrants interference in these proceedings.
Dr.A.K.Rath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
