(A) Shrimati Bharti Pradhan vs Monasi Bhatra
2022 Latest Caselaw 1118 Chatt

                       HIGH COURT OF CHHATTISGARH, BILASPUR
                                           Order Sheet
                                        FA No. 63 of 2018

                         (a) Shrimati Bharti Pradhan Versus Monasi Bhatra




02.03.2022       Shri Shobhit Koshta, counsel for the appellants.
                 Shri Vikash Shrivatava, counsel for the respondent.

Learned counsel for the appellants would submit that respondent has constructed house over the land bearing Khasra No. 204/19 whereas Shri Shrivastava, learned counsel for the respondent would submit that he has constructed the house on different Khasra number. Learned counsel for the respondent was directed to file affidavit in this regard. Affidavit has been filed, but the position is still not clear, therefore, to clarify the land in dispute it is desirable that a Commissioner be appointed to give its fact finding report with regard to construction of the house whether it is being constructed over Khasra No. 204/19 or not.

Mr. Avinash K. Mishra, G. A. appearing for State would submit that Mr. Bhuwan Vijayjoshi who is practicing Advocate in Civil Court at Jagdalpur may be appointed as Commissioner to inspect the suit land and give his report.

Let Mr. Bhuwan Vijayjoshi who is practicing Advocate in Civil Court at Jagdalpur be appointed as Commissioner to carry out the inspection and submit his report whether the construction is being carried out in land bearing Khasra No. 204/19 situated at village Aadawal, Tahsil and District

- Jagdalpur or not. The Government Advocate is directed to provide assistance of revenue officials for proper demarcation of the suit land. The Collector, Jagdalpur is also directed to provide proper assistance to carry out the inspection.

A copy of the judgment, decree and also the documents which have been filed with this appeal be furnished to Mr. Avinash K. Mishra by Tuesday i.e. 08.03.2022. The copies be given in pdf form also so that it can be communicated to the Commissioner appointed at the earliest. The fee of the Commissioner appointed is Rs. 15,000/- to be borne by the appellants and the respondent 50% each.

The Commissioner is directed to inspect the suit land and do exercise for finding of fact within 3 weeks from today after informing the date of inspection to the appellants as well as the respondent. The inspection be carried out in presence of the appellants and the respondent. Thereafter, send a copy of the report within 10 days to this Court in closed envelop mentioning the case number so that it can be attached with the record of the case.

The Commissioner is expected to submit the report as time schedule observed in the order sheet.

List the matter on 13th of April, 2022 for further hearing.

Sd/--

(Narendra Kumar Vyas) JUDGE

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