← Library
Bombay High CourtCA/12109/2023admittedallowedgrantedrule absolute

Satish Sheshappa Rakhewar v. Sulochana Shantilal Bakliwal And Others

2023-12-19Hon'Ble Shri Justice S. G. Mehare2 pages

48- CA-12109-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 12109 OF 2023 IN SA/656/2019 SATISH SHESHAPPA RAKHEWAR ....Applicant

VERSUS

SULOCHANA SHANTILAL BAKLIWAL AND OTHERS .....Respondent .....

Advocate for Applicant : Mr. V. V. BHAVTHANKAR .....

CORAM : S. G. MEHARE, J.

Dated :

December 19, 2023 PER COURT :- 1.

This is Civil Application has filed for modification of the order of this Court dated 24th August 2023 as regards the urgent measurement. The learned counsel for the applicant would submit that the applicant is poor. The urgent measurement fee is Rs. 5,52,000/-. It was beyond his financial capacity. Hence, instead of urgent measurement, it be modified as ordinary measurement.

2.

Considering the submissions and the fee for urgent measurement, the Court is of the view that the condition of the urgent measurement should be modified.

48- CA-12109-23.odt

ORDER

(i) The paragraph No.4 of the order dated 24.08.2023 should be read as follows :- The plaintiff/ respondent is agreeable to the above proposal. However, the learned counsel for the respondent/plaintiff suggests that the measurement shall be carried out expeditiously. The appellant shall apply for ordinary measurement as per proposal within four weeks from today to the Depty Superintendent of Land Records or any other concerned authority.

(ii) In above terms, the application is allowed. ( S. G. MEHARE, J. ) ysk