Chandrashekhar Abhimanyu ... vs Kisan Sawla Chavhan
2023 Latest Caselaw 7642 Bom

                                                       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

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