Search Results for "Appointment of Court Commissioner"

11 result(s) found

Scroll Down To Discover

Found 11 result(s)

© Image Copyrights Juris Services & Technology

Gujarat High Court Quashes Appointment of Court Commissioner in Partition Suit for Lack of Notice to Defendant. Appointment of Commissioner under Order 26 Rule 9 CPC for collecting evidence of possession is impermissible without hearing the affected party.

The petitioner, Hemantkumar Chandrakant Gaywala, original defendant No.4, filed a Special Civil Application under Article 227 of the Constitution of I...

© Image Copyrights Juris Services & Technology

Gujarat High Court Quashes Appointment of Court Commissioner in Partition Suit for Lack of Notice to Defendant. Appointment of Commissioner under Order 26 Rule 9 CPC for collecting evidence of possession without notice to affected party is illegal and beyond scope of provision.

The petitioner, original defendant No.4, filed a petition under Article 227 of the Constitution of India challenging an order dated 6.3.2024 passed by...

© Image Copyrights Juris Services & Technology

Bombay High Court Allows Petition Challenging Appointment of Court Commissioner in Property Dispute. Appointment of Commissioner During Pendency of Injunction Application Held Impermissible as It Would Decide Suit Without Trial.

The petitioner, original plaintiff, filed a suit for injunction against respondent No. 1 (defendant No. 1) seeking to restrain him from encroaching up...

© Image Copyrights Juris Services & Technology

Bombay High Court Dismisses Writ Petition Challenging Appointment of Court Commissioner in Execution of Partition Decree. Executing Court's Order to Appoint Commissioner to Propose Mode of Execution Upheld as Not Final and Subject to Objections.

The petitioner, Pramod Dattatraya Kand, the judgment debtor, challenged an order dated 07.09.2019 passed by the Executing Court in Final Decree Applic...

© Image Copyrights Juris Services & Technology

Bombay High Court Dismisses Petition Challenging Appointment of Handwriting Expert in Partition Suit — Earlier Rejection of Similar Application Does Not Bar Appellate Court from Allowing Fresh Application Under Order 26 Rule 10A CPC.

The case arises from a partition suit filed by Respondent No.1 (original Plaintiff) against the Petitioners (original Defendants) concerning ancestral...

© Image Copyrights Juris Services & Technology

High Court of Bombay at Nagpur Quashes Appointment of Court Commissioner in Civil Suit — Violation of Order VI Rule 17 CPC as Application Filed After Trial Commenced Without Leave of Court

The petitioners, original plaintiffs in Regular Civil Suit No.19/2002, filed a writ petition under Articles 226 and 227 of the Constitution of India c...

© Image Copyrights Juris Services & Technology

Bombay High Court Dismisses Petition Challenging Rejection of Commissioner Appointment in Property Suit. Court Commissioner Not Appointed When Dispute Involves Title and Possession, Not Measurement.

The petitioner, Kolhapuri Bandu Lakade, filed a suit (Regular Civil Suit No.513 of 2007) for declaration and restoration of possession against the res...