SHYAM JANARDAN CHAOUDARY Vs. ASHA RAMDAS KATKAR

JUDGEMENT

(1.) Rule returnable forthwith. Heard finally by consent of the learned Counsel for the respective parties.

(2.) The writ petitioner is aggrieved by rejection of the application for appointment of Court Commissioner by the trial Court by passing order below Exh.31. It appears that the plaintiff in the trial Court had sued the defendants on the ground that the defendants are liable to vacate the portion encroached upon by them in respect of the house property occupied by the plaintiff. It is further case of the plaintiff that the plaintiff had described the suit property by its boundaries along with measurements and also referred to registered sale deed dt.11.7.2000 in respect of the house property purchased by him. Boundaries of the house property were also mentioned and the map drawn to the scale was also produced by the plaintiff in the pending suit. It is under these circumstances that the plaintiff wanted the defendant to vacate his allegedly encroached portion marked as " v c d M " admeasuring 4 x 10 ft. Under these circumstances, the prayer was made for appointment of Court Commissioner so that the competent Court Commissioner can draw map or plan drawn to the scale in respect of the suit property indicating encroachment, if any by or on behalf of the defendants etc. so that the trial Court would have on record authentic plan or map. If such plan or map is agreed between the parties, the trial Court is assisted meaningfully and effectively to decide the real controversy between the parties finally.

(3.) This Court has earlier in the ruling in the case of Kolhapuri Bandu Lakade .vs. Yallappa Chinappa Lakade, since deceased through Pooja @ Poojari Y. Lakade and Ors., 2011 3 MhLJ 348has held that the dispute in respect of possession of allegedly encroached portion of the suit property can be decided when the trial Court is assisted by the competent Court Commissioner who can draw the map or plan which may be agreed between the parties. Appointment of Court Commissioner can help the Court to find out whether the map or plan produced on record coming from authentic source is agreeable between the parties. The City Surveyor, in such case, by drawing appropriate map or plan to the scale can assist the Court particularly when the plaintiff has sought possession in respect of allegedly encroached portion of the suit property. Such map or plan drawn to the scale by the City Surveyor or competent Surveyor though not conclusive when produced, if agreed between the parties can ensure early end of the civil dispute between the parties.