ARJUN RAMBHAU DHANKUDE Vs. BHANUDAS RAMCHANDRA MURKUTE

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India assails legality, propriety and correctness of the order passed by the learned 5th Joint Civil Judge, Junior Division, Pune, on 22nd November 2017, whereby a Court Commissioner was appointed to measure the land bearing survey No.70, Mouje Baner, Pune and submit report, and the order dated 27th March 2018, whereby the review application preferred against the first order came to be rejected.

(2.) The background facts, necessary for the determination of the petition, can be stated in brief as under :-

(3.) By the impugned order dated 22nd November 2017, the learned Civil Judge was persuaded to appoint the Court Commissioner holding, interalia, that the dispute between the parties was regarding boundaries and possession over the suit land. Though the land bearing survey No.70 was got demarcated through TILR by the plaintiffs, yet, the entire survey number 70 was not measured. Thus, it was necessary to measure the entire survey No.70 to ascertain alleged encroachment. The learned Civil Judge has, thus, appointed the TILR, Pune to measure entire survey No.70 and demarcate and fix the boundaries of said survey number along with subplots (Pot Hissa) of respective lands as per possession of parties and actual revenue record and submit report indicating the possession of the respective parties and encroachment, if any, over survey No.70(6).