Madhav S/O. Raghunath Yerne (Dead) Thr. Lrs. Jija Marotrao Vairagade And Others v. Ganpat Raghunath Yerne (Dead) Thr. Lrs. And ORS.

18-WP-95-2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 95 OF 2025 (Madhav s/o Raghunath Yerne (dead) through legal heirs Jija Marotrao Vairagade & Ors. & Ors. Vs. Ganpat Raghunath Yerne (dead) through LRs Usha Ganpat Yerne & Ors. & Ors.) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Ms Kirti Satpute, Counsel for the petitioners. .....

CORAM : ANIL L. PANSARE, J.

JANUARY 20, 2025 The contention is that the finding recorded by the Court below that in cross-examination of Talathi, it is brought on record that he has no sufficient knowledge of measurement of encroached land as per rules and that he has admitted that he has not qualified the examination required for measurement of encroached land, is contrary to the evidence. According to the learned Counsel for the petitioners, there is no such admission given by Talathi, rather the evidence speaks otherwise.

2] Issue notice to the respondents returnable on 3/2/2025.

3] In addition to usual mode, the petitioner may serve the respondents through all permissible modes and file affidavit of service.

4] The trial Court shall note that there is no interim relief granted as regards appointment of Commissioner. It may proceed accordingly.

5] Copy of order be served on the trial Court.

(ANIL L. PANSARE, J.) Sumit Signed by: Mr. Sumit Agrawal Designation: PA To Honourable Judge Date: 20/01/2025 17:27:56