Noor Mohammad Abdul Gaffar Isani vs Kisanlal Satyanarayn Kesarwani ...
2016 Latest Caselaw 5831 Bom

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               IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                                                             
                         NAGPUR BENCH, NAGPUR




                                                                               
                               WRIT PETITION NO.6345 OF 2014




                                                                              
               Noor Mohammad Abdul Gaffar Isani
               Aged about 50 years,




                                                           
               Occ: Business, R/o Arni,
               Tah. Arni, Dist. Yavatmal.       ....... PETITIONER
                                   ig          ...V E R S U S...
                                 
     1]        Kisanlal Satyanarayan Kesarwani
               Aged about 51 years,
               Occ: Business.
      


     2]        Kishorilal Satyanarayan Kesarwani
   



               Aged about 46 years,
               Occ: Business.

     3]        Radhelal Ganulal Jaiswal





               Aged about 51 years,
               Occ: Business.

               All R/o Arni, Tah. Arni,
               Dist. Yavatmal.





     4]        State of Maharashtra through
               Collector, Yavatmal,
               Dist. Yavatmal.

     5]        Pravin Wamanrao Mungniwar
               Aged about 47 years,
               Occ: Business,
               R/o Arni, Tah. Arni,
               Dist. Yavatmal.                                                  ....... RESPONDENTS



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              Shri N.S. Bhattad, Advocate for Petitioner.




                                                                                                             
              Shri R.B. Dhore, Advocate for Respondent No.3.
              Ms. H.N. Jaipurkar, A.G.P. for Respondent No.4.




                                                                               
     -------------------------------------------------------------------------------------------

                          CORAM:  R.K. DESHPANDE, J. 

                                        rd       OCTOBER, 2016.
                          DATE:      3




                                                                              
     ORAL JUDGMENT




                                                           
     1]
                                  

Rule, made returnable forthwith. Heard finally by

consent of the learned counsels appearing for the parties.

2] In view of the Pursis Stamp No.11463 of 2016, the

parties have no objection for appointment of T.I.L.R. as a Court

Commissioner for taking measurement of the disputed land.

The matter is regarding encroachment and hence the T.I.L.R. has

to be appointed to carry out the measurement.

3] In view of above, the order impugned

dated 22.09.2014 passed by the trial court rejecting the

application at Exhibit-42 is hereby quashed and set aside.

The application at Exhibit-42 is allowed. The T.I.L.R. be appointed

as a Court Commissioner. The necessary procedure for obtaining

the report and cross-examination of T.I.L.R. is permitted to be

wp6345.14.J.odt 3/4

carried out.

4] The petition stands disposed of.

                                                                                
                                                                               
                                                                                 JUDGE




                                                            
    NSN
                                   
                                  
      
   







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                                           C E R T I F I C A T E




                                                                                                             

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