1 941.WP.4167-2023.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO. 4167 OF 2023
( Chandrashekhar Abhimanyu Bahekar
Vs.
Kisan Sawla Chavhan )
Office Notes, Office Memoranda Court's or Judge's orders
of Coram, Appearances, Court's
orders or directions and
Registrar's orders
Mr. S.M. Mate, Advocate h/f Mr. N.S. Deshpande, Advocate for the
Petitioner.
Ms. A.M. Raut, Advocate for the Respondent.
CORAM: AVINASH G. GHAROTE, J.
DATED : 1st AUGUST, 2023 Heard Mr. Mate, learned counsel holding for Mr. Deshpande, learned counsel for the petitioner and Ms. Raut, learned counsel for the respondent.
2. The petition questions the order dated 10.03.2023 passed below by which Exh.83 an application for appointing a Court Commissioner for re-measurement of the suit land, has been rejected. The rejection is on the ground that on an earlier occasion, the T.I.L.R. was appointed for measurement and the charges for measurement was not paid.
3. Since the need for measurement is already felt by the learned Appellate Court in the judgment dated 18.01.2020 (page 49), for which purpose the judgment of the learned Trial Court was set aside and the matter ::: Uploaded on - 02/08/2023 ::: Downloaded on - 03/08/2023 05:07:54 ::: 2 941.WP.4167-2023.odt was remanded back for the measurement the same will have to be conducted. In that view of the matter, the impugned order is hereby quashed and set aside and the application below Exh. 83 is allowed, subject to the condition that the petitioner depositing with the T.I.L.R. the entire charges of measurement within a period of one week from today. In case, the amount is deposited, the T.I.L.R., shall conduct the measurement within a period of two weeks thereafter and submit an according report to the learned Trial Court. In case, the measurement charges are not so deposited within the aforesaid duration, the petition shall stand dismissed without reference to the Court.
4. The Petition is accordingly allowed in the above terms.
JUDGE SD. Bhimte ::: Uploaded on - 02/08/2023 ::: Downloaded on - 03/08/2023 05:07:54 :::