Abdul S/O. Shamikhan S/O. Abdul Hamikhan v. Bhaskar S/O. Khanduji Lahane And Another

wp4272.21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 4272/2021 Abdul Shamikhan Abdul Hamikhan ...Versus... Bhaskar Khanduji Lahane and anr - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------ Mr. R.G.Kavimandan, Advocate for petitioner CORAM : AVINASH G. GHAROTE, J.

DATE : 17/11/2021 Heard Mr. Kavimandan, learned counsel for petitioner/original Defendant No.1, who challenges the order dated 09/01/2020, passed below Exh.45, passed by the learned Civil Judge, Junior Division, rejecting the application for appointment of Court Commissioner for measurement of the property.

It is an admitted position that the suit is not for removal of encroachment, but is for cancellation of sale deed executed by Original Defendant No.1 in favour of Defendant No.2 and other reliefs. There is obviously no reason for filing any application for measurement of the property, as there is no dispute regarding its identification or its boundary. That being the case, I do not see any reason for interfering in the impugned order. The petition is therefore without any merit and the same is dismissed. JUDGE rvjalit Digitally sign byRAJESH VASANTRAO JALIT Location: