MANIKRAO RAMJI CHAWAKE Vs. ASHOK AMBADAS GAWANDE

JUDGEMENT

(1.) Heard the learned Counsel for the respective parties.

(2.) Admit on the following substantial question of law :

(3.) My answer to the above question is in the affirmative as in the cases where dispute is as to boundaries or boundary marks of the immovable property and when parties do not agree to any map produced on the record, it becomes essential for the trial Court or the first Appellate Court as final Court on finding of facts to ensure that a competent Cadestral Surveyor is appointed as the Court Commissioner to prepare measurement map in respect of the suit properties so that after receiving authentic map or plan from the competent Official on behalf of the State Government, the trial Court is assisted meaningfully with a view to execute the decree that may be passed. Execution of decree is thus facilitated so as to set at rest the real controversy between the parties.