Shashikant Bharat Shinde vs Shankar Sonaji Shinde
2025 Latest Caselaw 5929 Bom

Bombay High Court

Shashikant Bharat Shinde vs Shankar Sonaji Shinde on 20 September, 2025

                               1                      10-SA.342-23.odt


      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 BENCH AT AURANGABAD

                10 SECOND APPEAL NO. 342 OF 2023

                   SHASHIKANT BHARAT SHINDE
                           VERSUS
                     SHANKAR SONAJI SHINDE

                                 ...
             Advocate for Appellant : Mr. Bora Satyajit S.
                                 ...

                            CORAM : SHAILESH P. BRAHME, J.

DATE : 20.09.2025

PER COURT :-

1. Heard learned counsel for the appellant.

2. Second appeal is emerging from concurrent findings of

facts in dismissing suit for removal of encroachment and mesne

profit.

3. The measurement carried out by Taluka Inspector of

Land Record and his map indicating encroachment of 2 R. of

land by the respondent is discarded. No recourse was taken to

joint measurement by appointing a Court Commissioner. The

findings recorded in paragraph No.11 of the judgment of

Lower Appellate Court are stated to be perverse.

4. Following substantial questions of law are involved in

the second appeal :

2 10-SA.342-23.odt

(i) Whether both Courts below have failed to exercise the jurisdiction vested in not taking recourse to appointment of Court Commissioner for joint measurement suo motu when the dispute pertains to boundaries and location of the concerned lands ?

(ii) Whether judgments and decrees passed by both Courts below are sustainable in the wake of Section 36 and Section 60 of the Evidence Act ?

(iii) Whether impugned judgments and decrees are sustainable in the wake of law laid down by High Court in the matter of Vijay Shrawan Shende and others Vs. State of Maharashtra and others, in Second Appeal No.97 of 2009 ?

5. Issue notice to the respondent for final disposal,

returnable on 03.11.2025.

6. An endeavour shall be made to decide the appeal finally

at the admission stage.

7. Call for Record and Proceedings from the concerned

Court.

(SHAILESH P. BRAHME, J.)

...

vmk/-