Maroti Sakharam Korde And Others vs Dattatraya Ramngeer Giri
2024 Latest Caselaw 2298 Bom

Bombay High Court

Maroti Sakharam Korde And Others vs Dattatraya Ramngeer Giri on 24 January, 2024

2024:BHC-AUG:1684


                                                      1                945-SA 104-2019.odt



                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         BENCH AT AURANGABAD

                                       SECOND APPEAL NO. 104 OF 2019

                    Maroti Sakharam Korde and others                              .. Appellants

                           Versus

                    Dattatraya Ramngeer Giri                                      .. Respondent

                    Mr. Arvind Deshmukh, Advocate for the Appellants.
                    Mr. Anand V. Indrale Patil, Advocate for Respondent.

                                                    WITH
                                     CIVIL APPLICATION NO. 2812 OF 2019
                                               IN SA/104/2019

                                              CORAM :         R. M. JOSHI, J.

                                               DATE       :   24th JANUARY, 2024.

                    PER COURT :-

                    .      After hearing learned counsel for both sides at length, they agree

for setting aside the judgment and decree passed by the First Appellate

Court as well as Trial Court and to remand the matter back to the Trial

Court for decision afresh by carrying the measurement through TILR.

2. Since the suit is of the year 2002, following directions are

required to be issued for early disposal of the trial :-

(i) The parties to appear before the Trial Court on 06.03.2024.

(ii) Joint application be filed by plaintiff and defendant for

1 of 2 2 945-SA 104-2019.odt

appointment of TILR as Court Commissioner to measure land in

dispute.

(iii) Trial Court to forthwith allow such application and call upon

TILR to submit report of measurement within one month.

(iv) R.C.S. No. 31/2002 be decided at earliest and in any case within

six (06) months from 06.03.2024

3. In aforesaid terms, second appeal stands disposed of.

4. In view of disposal of second appeal, Civil Application No. 2812

of 2019 also stands disposed of.

( R. M. JOSHI, J. )

P.S.B.

2 of 2