Court can appoint court commissioner in case of boundary disputes and disputes about identity of lands

 I do not find any substance in the present writ petition. It is settled position of law that under Order 26, Rule 9 of the Code of Civil Procedure, the Court has discretion to order local investigation. The object of local investigation is not so much to collect evidence which can be taken in Court, but to obtain evidence which from its peculiar nature can only be had on the spot. Cases of boundary disputes and disputes about identity of lands are instances when a Court should order local investigation under Order 26, Rule 9 of the Code. *The disputes regarding the boundaries can be best adjudicated by taking the assistance of the experts such as the T.I.L.R., who on measurement can express his opinion.* The Apex Court in a case of Haryana Wakf Board vs. Shanti Sarup and others reported in 2008(8) S.C.C. 671 and the learned Single Judge of this Court in a case of Kolhapuri Bandu Lakade vs. Yellappa Chinappa Lakade (since deceased) through L.Rs. Pooja @ Poojari Y. Lakade and others reported in 2011(3) Bom.C.R. 807 have held that in case regarding boundaries and area, an expert person can be appointed as a Commissioner for measurement of the properties. In the present case, the plaintiff has prayed for appointment of Commissioner to measure the property which has been allowed.

*Bombay High Court*

*Malhar vs Shivaji* 

on 17 October, 2013

Bench: *K.K. Tated*

CDJ 2013 BHC 1781

Cases Referred:
1. Kolhapuri Bandu Lakade vs. Yellappa Chinappa Lakade (since deceased) through L.Rs. Pooja @ Poojari Y. Lakade and others 2011(3) Bom.C.R. 807 (Para 11).
2. Syed Mushtaque Ahmad Syed Ismail and others vs. Syed Ashique Ali Khan Haidar Ali 2012 (2) Bom.C.R. 790 (Para 7).
3. Haryana Wakf Board vs. Shanti Sarup and others 2008 (8) S.C.C. 671 (Para 11).

 Citation: *2014(1)ABR26, 2014(3)ALLMR698,  2014(1)BomCR806, 2014(4)MhLj237*

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