P.A. TO JUDGE v. CHITAMBARESH, J
Case at a glance
Outcome
Disposed of
The Original Petition is disposed of
Provisions considered
- Constitution of India art. 227
Judgment
Operative part
V. CHITAMBARESH, J--------------------------------OP(C) NO. 3608 OF 2012------------------------------------Dated this the 1st day of November, 2012JUDGMENTAn order refusing to set aside the report and plan of the Advocate Commissioner in a suit for fixation of boundary and recovery of possession is under challenge. The grievance of the petitioners/plaintiffs are three fold. They are:
(i)The Advocate Commissioner has not measured the plaint 'A' schedule property of the petitioners as per the re-survey plan.
(ii)A mistake has crept in calculating the total extent of the plaint 'B' schedule property of the respondents/defendants by the Advocate Commissioner.
(iii)The Advocate Commissioner has not identified an extent of 11 square metres belonging to the petitioners.2.A detailed analysis of the evidence on record at this interlocutory stage is impermissible in proceedings under Article 227 of the Constitution of India. I permit the petitioner 2OP(C) No. 3608/2012to examine the survey officials as well as the AdvocateCommissioner and lead evidence to contradict the report and plan of the Advocate Commissioner. It is open to the court below to remit the report and plan to the Advocate Commissioner if it finds that the same is lacking in material particulars. Suchexercise shall be resorted to, if necessary, after the evidence is recorded untrammeled by any observation contained in the order impugned. The order of the court below is affirmed subject to the above reservation. The Original Petition is disposed of.V. CHITAMBARESH JUDGEncd
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The Original Petition is disposed of
Which statutory provisions did this judgment involve?
Constitution of India — art. 227.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.