An oral order dismissing a civil miscellaneous application challenging the lower court's approval of a surveyor commissioner appointment for land dispute determination, finding no jurisdictional error despite prior rejection of similar prayer.
The Civil Miscellaneous application was dismissed as there was no jurisdictional error in the impugned 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.
Patna High Court C.Misc. No.65 of 2017 (2) dt.23-01-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.65 of 2017
====================================================== Musafir Yadav .... .... Appellant/s Versus Munsi Yadav & Ors .... .... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Anil Kr Singh No. 6 For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER
2 23-01-2017 Heard the learned counsel for the petitioner.
It appears that by the impugned order, the Court below has allowed the application filed by the defendant-respondent for appointment of survey knowing pleader commissioner for finding out as to whether the new plot No.86 has been carved out from old plot No.110 or old plot No.111 and 114. The Court below also noticed the fact that earlier same prayer was rejected but on that ground, the prayer cannot be rejected as it is essential of determination in the present suit because the defendant is disputing the case of the plaintiff.
In such view of the matter, I do not find any jurisdictional error in passing the impugned order by the Court below. Thus, this Civil Misc. application is dismissed.
Sanjeev/- (Mungeshwar Sahoo, J) U
2 issues framed by the court
Whether the lower court erred in allowing an application for appointment of a surveyor commissioner regarding land survey when a similar prayer was previously rejected.
Whether there exists any jurisdictional error in the impugned order of the Munsif, Aurangabad.
1 provisions across 1 enactments
Musafir Yadav
Munsi Yadav
Mungeshwar Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
