Suryabhan Ananda Kalane vs Jagannath Laxman Labde And Others
2023 Latest Caselaw 13159 Bom

Bombay High Court

Suryabhan Ananda Kalane vs Jagannath Laxman Labde And Others on 20 December, 2023

Author: S. G. Mehare

Bench: S. G. Mehare

                             1                     32-SA.634-19.odt


       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  BENCH AT AURANGABAD

             32 SECOND APPEAL NO. 634 OF 2019

               SURYABHAN ANANDA KALANE
                       VERSUS
          JAGANNATH LAXMAN LABDE AND OTHERS

                                ...
     Advocate for Appellant : Mr. Choudhary D. J., Mr. Abhijit
                           Choudhari.
                                ...

                          CORAM :      S. G. MEHARE, J.

                          DATE :       20.12.2023

PER COURT :-

1. Heard the learned counsel for the appellant.

2. The plaintiff had lost the suit since the Cadestral

Surveyor who was the Court Commissioner did not follow the

appropriate rules and not complied with the Manual of

measurement of the land. He produced the measurement sheet

and also led the evidence, but Court did not admit his

evidence.

3. Learned counsel for the appellant submits that in such a

situation, the best course was to appoint the another Cadestral

Surveyor. Both Courts committed wrong and passed erroneous

judgments and orders.

2 32-SA.634-19.odt

4. Once again, this is a dispute about the boundary and

encroachment and the role of the Cadestral Surveyor. Many

matters are coming up to the Courts only for the faults of

Cadestral Surveyor. Considering the views of this Court about

the removal of encroachment and the boundary disputes, the

Court feels it appropriate to issue notice to the respondents

before admission.

5. Issue notice to the respondents, returnable on

08.02.2024.

(S. G. MEHARE, J.)

...

vmk/-

Signed by: Vaishali Mahesh Kale Designation: PA To Honourable Judge Date: 21/12/2023 11:02:39