Smt. Radhika Mohan Dhumal And ORS. v. Namdev @ Nama Chilu Dhumal And ORS.

94. wp 5577.16.doc Urmila Ingale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5577 OF 2016 Smt.Radhika Mohan Dhumal and ors.

.. Petitioners Vs.

Namdev @ Nama Chilu Dhumal and ors.

.. Respondents Mr.Kuldeep S.Patil, for the Petitioners.

CORAM : M.S.KARNIK, J.

DATE : 15th JANUARY 2019 P.C. :

.

Heard learned Counsel appearing for the petitioners ­ Shri Kuldeep Patil. The challenge in this Petition is to an order dated 12/04/2016 passed by the Civil Judge, Junior Division, Shirala below application Exhibit­42. The petitioners - original defendants No. 3 to 6 filed the application Exhibit 42 for appointment of the Court Commissioner. The said application is filed for local inspection of Gat No. 101/7A. 2.

Learned Counsel for the petitioners contended that 1/2

94. wp 5577.16.doc the petitioners are factually in possession and the sugarcane crops are standing on the disputed portion in respect of which the injunction is sought. In order to ascertain that the petitioners are still in possession, my attention is invited to the finding recorded by the trial Court that in Gat No. 101/7A, there is electric motor and pipeline which belong to the petitioners. 3.

I have gone through the proceedings and perused the impugned order. The application Exhibit 42 is essentially filed for ascertaining the factual aspect as to who is in possession. There does not appear to be any boundary dispute or dispute of location as already held by the trial Court. I therefore do not find any error with the view taken by the trial Court that application Exhibit 42 is not tenable and deserves to be rejected. Hence, present Petition accordingly is dismissed with no order as to costs.

(M.S.KARNIK, J.) 2/2