Amarnath S/O Bachairam Gupta vs Narayan S/O Bhajuji Wati And Others
2023 Latest Caselaw 12512 Bom

Bombay High Court

Amarnath S/O Bachairam Gupta vs Narayan S/O Bhajuji Wati And Others on 11 December, 2023

Author: Avinash G. Gharote

Bench: Avinash G. Gharote

2023:BHC-NAG:17077
                                                                           19-WP8000.23-J.odt
                                                         1/3




                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               NAGPUR BENCH, NAGPUR.

                             WRIT PETITION NO. 8000 OF 2023


                        Amarnath S/o Bachairam Gupta, Aged               Petitioner
                        about 61 years, Occu.: Business, R/o.            (Ori.Plaintiff)
                        Tukaram Chawl, Near Kasturba Library,
                        Sadar, Nagpur.

                                           -Vs.-

                1.      Narayan Bhajuji Wati, Aged about 68              Respondents
                        years, Occu.: Service,                           (Ori.Defendants)
                2.      Vaishali Narayan Wati, aged about 37
                        years, Occ.Service,
                3.      Avinash Narayan Wati, Aged about 36
                        years, Occu.: Service,
                4.      Seema Narayan Wati, Aged about 34
                        years, Occu.: Service,
                        All R/o Bungalow No.17/B, Collector
                        Compound, Civil Lines, Nagpur.

                              --------------------------------------------------
                                  Mr. S.S.Sitani, counsel for the petitioner.
                              Mr.M.R.Joharapurkar, counsel for the respondents.
                              --------------------------------------------------


                                     CORAM : AVINASH G. GHAROTE, J.

                                     DATE          : 11TH DECEMBER, 2023

               ORAL JUDGMENT

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Heard.

2. Rule. Rule made returnable forthwith. Heard finally with

the consent of the learned counsel for the parties.

3. The petition challenges the order dated 02/02/2023 passed

by the learned Trial Court below Ex.86 an application seeking

permission to conduct the commission afresh by the Court

Commissioner for compliance with the order dated 19/04/2017

passed below Ex.59.

4. By the order below Ex.59 dated 19/04/2017, a

Commissioner was appointed for measurement of the various lands

and plots, including the plots of the petitioner namely Plot Nos.9-A

and 10-A, situated in Khasra No.4 (City Survey No.5), Mouza

Telankhedi. It is the contention of Mr.Sitani, learned counsel for the

petitioner, based upon the measurement sheet at page 49 that the

same does not indicate the compliance with the order dated

19/04/2017 inasmuch as the measurement sheet does not indicate the

boundaries of Plot Nos.9A and 10A which were directed to be fixed as

per operative para-4 of the order dated 19/04/2017.

5. Mr.Joharapurkar, learned counsel for the respondents,

opposes. A perusal of the measurement sheet at pg.49 indicates that

KHUNTE 19-WP8000.23-J.odt

this is indeed so. This would clearly point out the non-compliance of

the order dated 19/04/2017 by the Court Commissioner while

carrying out the commission in terms of the said order, in view of

which, the impugned order which does not consider this position is

required to be quashed and set aside and is accordingly so done. The

application at Ex.86 is allowed and the Court Commissioner is

directed to comply in letter and spirit, the order dated

19/04/2017. In view of above, the petition is allowed.

6. Rule is made absolute in the above terms. No order as to

costs.

                                                                          JUDGE




Signed by: Mr. G.S. Khunte
Designation: PS To Honourable Judge
Date: 12/12/2023 18:29:44     KHUNTE