Advocate Commissioner appointed to ascertain the encroachment - map submitted by advocate Commissioner show encroachment - based on map new cause of action arose - limitation commenced from the date of report

Citation

AIROnline 2023 BOM 1559

Bombay High Court

(AURANGABAD BENCH)

NITIN B. SURYAWANSHI , J.

WRIT PETITION - 4806 of 2021 D/- 18 - 8 - 2023

Raju Mahadu Khose and Ors. v. Krishi Utpanna Bazar Samiti Parner

Civil P.C. (5 of 1908), O.23 R.1 - Withdrawal of suit - Suit for measurement of sub-share

and fixation of boundaries of suit property as per sale deed - During pendency of suit no

interim injunction was granted in favour of plaintiff and Court Commissioner was appointed

who conducted measurement in presence of plaintiff and defendants - Map was showing

encroachment on suit property - Since fresh cause of action had arisen to plaintiff on basis

of report, he was intending to file fresh suit for obtaining possession of encroached portion -

Defendants being aware of intention of plaintiff, no prejudice was caused to them though they

were not called upon to file say - Granting permission to withdraw suit was proper.

AIR 2000 SC 2132-Distinguished

 (Paras 7 , 9)