Prabhakar Madhavrao Nakate And Another v. Angad Tukaram Avtakke

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 929 WRIT PETITION NO.12872 OF 2019 PRABHAKAR MADHAVRAO NAKATE AND ANOTHER

VERSUS

ANGAD TUKARAM AVTAKKE ...

Advocate for Petitioners : Shri Jethliya Dhiraj R. Advocate for Respondent : Shri Patil Amarjeet V. (Tornekar) ...

CORAM : RAVINDRA V. GHUGE, J.

Dated: October 16, 2019 ...

PER COURT :- 1.

I have heard the learned Advocates for the respective sides. The affidavit-in-reply is taken on record.

2.

It appears that the grievance of the petitioners is that the Taluka Inspector of Land Records, Latur (TILR) has not given the measurements of the suit properties in writing. The learned Advocate for the respondent specifically points out from the map that the TILR has given the scale as 1:500 and the measurement can, therefore, be arrived at by pure calculations and it requires no special knowledge or expertise.

3.

However, both the parties are satisfied if the trial Court directs the TILR to mention the exact measurements by perusing the map and on the strength of the scale mentioned in the map. The other akl/d

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 2- WRIT PETITION NO.12872 OF 2019 contentions of the petitioners against the said exercise performed by the TILR are kept open to be considered by the trial Court while deciding the suit.

4.

In view of the above, this petition is disposed off. The trial Court would direct the TILR, by passing an order in RCS No.144 of 2017, to submit the calculations of the measurement based on the scale mentioned in the map delivered earlier to the trial Court. ( RAVINDRA V. GHUGE, J. ) ...

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