ANIL Vs. WASUDEO

JUDGEMENT

(1.) On 23/3/2023, while issuing notice, the following order was passed. (paras 1 and 2)

(2.) Mr. Sohoni, learned Counsel for the respondent does not dispute the position that the earlier order dtd. 2/9/13 which permitted measurement to be carried out was not implemented on account failure to deposit the cost. He however does not dispute that in view of the order dtd. 2/9/13, there is a need of measurement, considering which merely because cost was not deposited on earlier occasion that cannot be a ground to refuse the measurement of the property, in respect of which encroachment has been claimed, considering which the impugned order dtd. 14/2/23 is hereby quashed and set aside and the application Exh-31 is allowed on the condition that the entire cost of measurement in respect of the suit property as well as the adjacent plot/s shall be borne by the petitioner.

(3.) The entire cost of measurement as indicted above shall be deposited by the petitioner with TILR by 12/6/2023 and the TILR shall conduct the measurement on 24/6/2023 at 11.00 am in the presence of the parties for which no separate notice shall be required to be given to the respective parties and the learned counsel of both the parties, upon instructions state that parties shall remain present on 24/6/2023 at 11.00 am for the purpose of measurement at the spot.