Smt. Papitabai W/O Chandrakant Kukade v. Virendra S/O Ramchand Kukade And Another

11. WP 782 of 2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.782/2023 Smt. Papitabai w/o Chandrakant Kukade ...Versus...

Virendra s/o Ramchand Kukade and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Shri I.N. Choudhari, Advocate for petitioner CORAM : AVINASH G. GHAROTE, J.

DATE : 02/02/2023 1.

The petition challenges the order dated 05/11/2022, whereby the application for appointment of Court Commissioner for measurement of the suit property has been rejected.

2.

Shri Choudhari, learned counsel for the petitioner submits that the appointment of the Commissioner is necessary as the measurement placed on record is not an authenticated document.

3.

It is necessary to note that the disputed property has been measured on 26/08/2021 by the Taluka Inspector of Land Records (T.I.L.R.), whose report is already on record at page 65. In case the petitioner/plaintiff is not satisfied by the report, it is open for her to bring the discrepancies in cross-

11. WP 782 of 2023.odt examination of the T.I.L.R., when he is brought as a witness by the defendants. That apart, it is always permissible for the plaintiff/petitioner, to move an independent application before the T.I.L.R. for measurement, who may after following the due procedure, conduct the measurement. The suit is not for removal of encroachment but is for declaration and injunction. That being the position, I do not see any reason to interfere in the impugned order. The writ petition is therefore dismissed. No order as to costs.

(AVINASH G. GHAROTE, J.) Wadkar SUKHADEORAO WADKAR