PANDIT VITHAL LANDAGE Vs. VISHNU GOVIND PAWAR

JUDGEMENT

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

(2.) The challenge in this Petition is to an order dtd. 5/1/2024 passed by the learned Civil Judge, Jr. Division, Mohol, on an application for appointment of the cadestral surveyor as Court Commissioner to have a joint measurement of the suit land and the adjacent lands and submit a map showing encroachment, if any.

(3.) Respondent No.1 - Plaintiff has instituted the suit with the assertion that the Plaintiff is the holder of agricultural land admeasuring 40 R out of the suit property described in paragraph No.1B of the plaint i.e. Gat No.1/1/K situated at Mauje Savleshar, Tal Mohol, Solapur. The Defendant No.1 is the holder of the land on the northern side. It admeasures 41R. The Defendant No.2 is the holder of the adjacent land admeasuring 1 H and 52 R. The Plaintiff had acquired the land from different vendors. Upon acquisition of the lands, it transpired that Defendant No.1 has committed encroachment over the suit land described in paragraph No.1A of the plaint to the extent of 7 to 8 gunthas. The Plaintiff called upon the Defendants to remove the encroachment. Defendants gave evasive replies. Hence, the suit for removal of encroachment. The Plaintiff also sought the relief of appointment of the cadestral Surveyor as a Court Commissioner to measure the suit land 1B and fix the boundaries thereof, and, in the event, the measurement revealed encroachment, a decree for removal of encroachment and delivery of possession of the encroached portion of the suit land.