CHANDRAMANI MAROTRAO PANTAVNE Vs. SHASHIKALA BRIJLAL BISEN

JUDGEMENT

(1.) This Court had issued notice for final disposal of this Second Appeal on 14th July, 2014 having been prima facie convinced that the dispute between the parties was required to be resolved by having measurements from the experts from the concerned Govt. Department, since it was found, while issuing notice, that both the Courts on their own based their findings on the basis of papers, maps etc., placed before them, i.e., without appointing a Surveyor from the concerned Govt. Department, to find out the exact claim of the parties to the dispute. Upon service of notice, learned Adv. Mr. Karmarkar appears for the respondent sole. Mr. Karmarkar fairly states that it would be proper that both the parties to the dispute know the exact measurements of the properties they own and posses, as they have purchased their respective properties for payment of valuable consideration. It is in this context, both the parties have, therefore, agreed for having a final disposal of this appeal at the admission stage, in order that no further years are wasted in the Court.

(2.) In the wake of the above position, I frame the following Substantial Question of Law:--

(3.) I have heard learned counsel for the rival parties for quite some time. I have perused both the impugned Judgments recorded by the courts below.