Narayan Daulatram Mihani v. Suresh Shrikrushna Bendarkar And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

AO No. 144 of 2014 Narayan v. Suresh and ors _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr S. R. Deshpande, Adv for appellant Mr C. J. Dhumane, Adv for R-10 & 11 CORAM : A. P. BHANGALE, J DATED : 15th June 2015 1.

Heard learned counsel for the parties. Out of total land of field survey number 54/3, it appears that defendants no. 1 and 3 to 9 have sold 29 R land to defendants no. 10 and 11.

2.

I am told that an application for measurement of suit land was preferred, but actual measurement has not yet been carried out so as to fix the boundaries in respect of shares of each co-owner. 3.

If such application is preferred and pending, learned trial Court is directed to call upon the Taluka Inspector of Land Records, Nandura to carry out measurement of suit land after notice to all interested parties and submit report within a stipulated period. Learned trial Court may also direct the revenue Authorities to cooperate in the matter. Both the counsel state that this course may resolve controversy between the parties once for all.

4.

In view of above direction, Appeal against Order is disposed of with liberty to the appellant to filed application for grant of temporary injunction afresh if at all his grievance subsists even after TILR report is obtained on record. Learned trial Court shall endeavour to dispose of suit itself on merit as early as possible. No further orders are necessary. No costs. JUDGE joshi