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1 - 4 of 4 (0.58 seconds)Article 226 in Constitution of India [Constitution]
Article 227 in Constitution of India [Constitution]
Sri. Shadaksharappa vs Kumari Vijayalaxmi And Ors on 6 November, 2020
In my considered opinion, the impugned order
passed by the Trial Court rejecting I.A.No.11 is not only contrary to
the material on record, which indicates that there is a dispute
regarding identity, location, encroachment etc., as can be seen
from the rival contentions, but the impugned impugned order is also
contrary to the well settled principles of law governing appointment
of Court Commissioner and the recent judgment of this Court in the
case of SHADAKSHARAPPA Vs. KUMARI VIJAYALAXMI -
W.P.No.201274/2023 DATED 24.01.2023. Under these
circumstances, I am of the considered opinion that the impugned
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NC: 2023:KHC:19393
WP No. 14270 of 2021
order passed by the trial Court rejecting I.A.No.11 has occasioned
failure of justice warranting interference of this Court in the present
petition.
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