Suresh Madhukarrao Chalakh v. Sham Durgaji Dahake And Another

2024:BHC-NAG:7709

35. WP 8099 of 2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.8099/2022 Suresh Madhukarrao Chalakh ...Versus...

Shri Sham Durgaji Dahake and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Mr. D.U. Thakare, Advocate for petitioner Mr. D.M. Khandait, Advocate for respondents CORAM : N.R. BORKAR, J.

DATE : 11/07/2024 1.

This petition challenges the order dated 02/07/2022, passed by the Joint Civil Judge Junior Division, Seloo, Disrict Wardha below Exh.17 in Regular Civil Suit No.43/2021.

2.

The petitioner herein has filed the suit for declaration, injunction and removal of encroachment and possession. By the order impugned the trial Court has rejected the application, filed by the petitioner for appointment of Court Commissioner to measure the suit land.

3.

According to the petitioner, the encroachment is to the extent of 10 HR. It is, however, not clear from the plaint averments as to when the alleged encroachment was done. 4.

I am therefore not inclined to entertain the present petition. The writ petition is dismissed. No order as to costs. (N.R. BORKAR, J.) Wadkar