Shri. Baburao Sambshiv Chaudhari Through Lrs. v. Shri. Madhukar Waghoji Kotdongdawar
2026:BHC-NAG:2073
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO.6606 OF 2024 Shri Baburao Sambshiv Chaudhari (dead) through legal representatives Ratna Wd/ Baburao Chaudhari and others through Power of Attorney Shri Ashok Anandrao Mate Vs.
Madhukar Waghoji Kotdongdawar WITH WRIT PETITION NO.6618 OF 2024 Shri Baburao Sambshiv Chaudhari (dead) through legal representatives Ratna Wd/ Baburao Chaudhari and others through Power of Attorney Shri Ashok Anandrao Mate Vs.
Ajay Wasudeorao Mashidkar __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
Shri S.S. Deshpande, Advocate for petitioner. Shri A.M. chandekar, Advocate for respondents. CORAM : M.W. CHANDWANI, J.
DATE : 02.02.2026.
1.
Heard learned counsel for the parties.
2.
Both the petitions challenge a similar order dated 25.11.2021 passed by the Civil Judge Junior Division, Gondpipari on Exhibit 56 and 48 respectively rejecting the application for appointment of Court Commissioner for the purpose of measurement of the property.
3.
The petitioners in both petitions are the legal representatives of Baburao, who was the original plaintiff in the suit for declaration and recovery of the encroached
portion of land out of suit property bearing Survey no.397. During the course of evidence, the original plaintiff filed an application for appointment of Taluka Inspector of Land Records as Court Commissioner. The application came to be rejected observing that there is no material on record to show that the suit property bearing survey no.397 is converted into survey no.397/3A and that the said application is an attempt to collect evidence through the Court machinery. This order is subjected to challenge by way of instant petitions.
4.
It is brought to the notice of this Court that the present petitions are out of batch of the petitions having identical facts and issue, rather the petitioners in all the petition are same. Some of the petitions from the said batch this Court has been allowed by allowing the application for appointment of the Court Commissioner. Thus, the issue involved in the present petition is squarely covered by an earlier order passed by this Court in a similar matter i.e. Writ Petition No.6616/2024 (Baburao Sambshiv Chaudhari (dead) through LRs and others Vs. Ajay Baburao Bomkathiwar) and other connected matters decided on 02.12.2025 (Coram : Prafulla S. Khubalkar, J.). In view of this, the controversy raised herein stands concluded by the aforesaid order of this Court, and no distinguishing circumstances have been pointed out, thus the present petitions deserve to be disposed of in terms of the above order.
5.
In view of the above mentioned factual and legal aspects, the writ petitions are allowed.
6.
The order dated 25.11.2021 passed by the Civil Judge Junior Division, Gondpipari on Exhibit 56 and 48 respectively are quashed and set aside.
7.
The application filed by the original plaintiff seeking appointment of the Court Commissioner under Order XXVI Rule 9 read with Section 151 of the Code of Civil Procedure, 1908 is allowed.
8.
The petitioners are directed to bear the costs of the Court Commissioner.
9.
With this, both writ petitions are disposed of. (M.W. Chandwani, J.) Wagh