Bombay High Court
Shri. Bharat Vithoba Masal And Ors vs Bratuhari Maruti Shendage And Ors on 11 September, 2018
Author: R.D. Dhanuka
Bench: R.D. Dhanuka
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912-WP8051.18
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 8051 OF 2018
Bharat Vithoba Masal & Ors. ..... Petitioners
VERSUS
Bratuhari Maruti Shendage & Ors. ..... Respondents
Mr.V.S.Talkute for the Petitioners.
Mr.Sural S.Shah for the Respondent nos. 1 and 12.
CORAM : R.D. DHANUKA, J.
DATE : 11th SEPTEMBER, 2018 P.C.
The respondent nos. 1 and 2 are directed to file affidavit in reply within one week from today and a copy thereof shall be served upon the petitioners' advocate simultaneously. Rejoinder, if any, shall be filed within one week from the date of service of the affidavit in reply and a copy thereof shall be served upon the respondents' advocate simultaneously.
2. It is the case of the respondent nos. 1 and 2 that the road in question is being used by all the villagers which contention is disputed by Mr.Talkute, learned counsel for the petitioners. In view of this controversy, I direct the learned District Judge - 2, Pandharpur to appoint a court commissioner within two days from the date of communication of this order to ascertain as to whether the road in question is being used by the members of the public as canvassed by the respondent nos.1 and 2 or the same being used by the petitioner.
::: Uploaded on - 12/09/2018 ::: Downloaded on - 13/09/2018 01:33:40 :::kvm 2/2 912-WP8051.18 The learned court commissioner shall give 48 hours prior notice to both the parties before vising the suit land and submit a report before the learned District Judge - 2, Pandharpur within one week from the date of his visit to the suit property.
3. The fees of the learned court commissioner shall be borne by both the parties equally at the first instance.
4. The learned District Judge - 2, Pandharpur shall forward a copy of the report to this court thereafter immediately.
5. Place the matter on board on 15th October,2018.
[R.D. DHANUKA, J.] ::: Uploaded on - 12/09/2018 ::: Downloaded on - 13/09/2018 01:33:40 :::