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Search Results for "appointment of Commissioner"

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High Court

High Court of Karnataka Allows Writ Petition Under Article 227 Against Rejection of Application Under Section 151 CPC for Appointment of Commissioner in Suit for Specific Performance. Inherent Powers Under Section 151 CPC Can Be Invoked for Appointment of Commissioner to Ascertain Physical Features of Property, Even if Not Covered Under Order 26 Rule 9 CPC.

1 Jul 2022

The petitioners, who are defendants in a suit for specific performance of contract (O.S. No. 445/2011) pending before the Principal Senior Civil Judge...

High Court

High Court of Karnataka Allows Writ Petition and Sets Aside Trial Court Order Rejecting Application for Appointment of Commissioner in Suit for Permanent Injunction. Held that Order VII Rule 1 CPC does not require plaintiff to plead exact boundaries and that appointment of commissioner under Order XXVI Rule 9 CPC is permissible to ascertain boundaries when description is insufficient.

8 Jul 2020

The petitioners (plaintiffs in the suit) filed O.S. No. 5195/2017 before the XII Additional City Civil and Sessions Judge, Bengaluru, seeking a perman...

High Court

Bombay High Court at Goa Dismisses Petition Challenging Execution Proceedings Order in Eviction Case — Upholds Trial Court's Discretion to Appoint Commissioner for Possession Delivery Under Order 21 Rule 35 CPC. The High Court held that the trial court's order appointing a commissioner to deliver possession did not suffer from any jurisdictional error or perversity warranting interference under Article 227 of the Constitution.

29 Mar 2019

The petitioners, original defendants in a suit, challenged an order dated 06/05/2018 passed by the Civil Judge, Panaji in Execution Proceedings. The t...

High Court

High Court of Karnataka Upholds Trial Court's Refusal to Pass Judgment on Admissions in Property Suit. Order XII Rule 6 CPC Judgment on Admissions Cannot Be Based on Disputed Facts Requiring Trial.

5 Mar 2019

The judgment arises from two writ petitions filed against a common order dated 11.02.2014 passed by the XLIII Additional City Civil and Sessions Judge...

High Court

Bombay High Court Dismisses Revision Petition in Property Dispute — Appointment of Court Commissioner for Measurement Upheld. The court held that appointment of a commissioner under Order 26 Rule 9 CPC is permissible to elucidate any matter in dispute, including measurement, and the revisional court should not interfere with such discretionary orders.

27 Sep 2016

The petitioner, original defendant No.1 in Special Civil Suit No.21 of 2011, challenged the order dated 2nd December 2011 passed by the learned Civil ...

High Court

High Court of Bombay at Goa Quashes Appointment of Commissioner in Civil Suit — Appointment Would Amount to Calling Evidence at Instance of Court. The court held that under Order 26 Rule 9 of the Code of Civil Procedure, 1908, a Commissioner cannot be appointed to gather evidence for a party; the parties must prove their own case.

27 Aug 2014

The petitioners challenged an order passed by the Civil Judge Junior Division, Panaji, in Regular Civil Suit No. 11/2007 dated 03.08.2013, whereby an ...

High Court

Bombay High Court Quashes Appointment of Court Commissioner in Land Dispute Without Issues Being Framed. Appointment of Commissioner under Order 26 Rule 9 CPC Held Premature When No Issues Framed and No Evidence Recorded.

20 Aug 2014

The petitioners challenged an interlocutory order dated 26/02/2014 passed by the Joint Civil Judge, J.D., Washi, Dist. Osmanabad, below Exh.18 in RCS ...

High Court

Bombay High Court at Goa Dismisses Municipal Council's Petition Challenging Appointment of Commissioner in Property Dispute. Court upholds trial court's discretion to appoint Commissioner for measurement and valuation under Order 26 Rule 9 CPC.

30 Jan 2013

The Mapusa Municipal Council filed a writ petition challenging an order of the Civil Judge, Senior Division, Mapusa, dated 30th January 2013, which ap...

High Court

Bombay High Court Allows Appointment of Commissioner to Record Evidence of Aged and Ailing Plaintiff in Civil Suit — Order 18 Rule 4 and Order 26 Rule 1 CPC. The court held that the trial court failed to exercise its discretion judiciously and that the petitioner's age and health conditions justified the appointment of a commissioner to avoid hardship.

12 Oct 2012

The petitioner, Shri Nilconta Gangadhar Sinai Amonkar, aged about 80 years (stated as 87 years in the application), filed a writ petition challenging ...

High Court

Bombay High Court Allows Appeal Against Recall of Commissioner Appointment in Commercial Suit — Coordinate Bench Cannot Recall Orders of Another Coordinate Bench Unless Per Incuriam. Order Appointing Commissioner Without Reasons Is Not Per Incuriam Under Order XVIII Rule 4 CPC.

13 Aug 2012

The reference before the Division Bench arose from an order dated 4 July 2012 of a learned Single Judge (B.R. Gavai J.) in Suit No.550 of 2003. The su...

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