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Bombay High CourtMCA/862/2017disposed of

Ramdas Sonu Kandolkar And 3 ORS., v. The Assistant Engineer, P.W.D., Panaji And ANR.,

2018-02-06Hon'Ble Shri Justice Prithviraj K. Chavan2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO. 862 OF 2017 IN APPEAL FROM ORDER NO. 85 OF 2009 RAMDAS SONU KANDOLKAR AND 3 ORS., ... Applicants

Versus

THE ASSISTANT ENGINEER, P.W.D., PANAJI AND ANR., ... Respondents Mr. P.A. Kholkar, Advocate for the applicants Ms. Susan Linhares, Addl. Govt. Advocate for the respondent nos.1 & 2.

Coram:- PRITHVIRAJ K. CHAVAN, J.

Date:- 6th February 2018 P.C.

The applicants have filed an application under Order XXVI Rule 9 of CPC for appointment of Inspector of Survey Land and Records, Department of Directorate of Settlement & Land Records, Tiswadi Goa as a commissioner to visit the suit property bearing survey no.162/1 of Village Panchayat of Santa Cruz, Tiswadi Goa for the purpose of making local inspection and to ascertain the land acquired by the Government for the purpose of construction of road and whether the proposed construction in any manner would overlap/encroaches upon the land of the applicants by taking into consideration the Map submitted before the Court.

MCA/862/2017

2. Application is allowed. Commissioner shall give due notices to the applicants and the respondents before effecting work of commission. The applicants shall bear the charges of work of carrying out local inspection. Commissioner shall submit its report to this Court within a period of six weeks.

3. Application stands disposed of.

PRITHVIRAJ K. CHAVAN, J.

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