M/S THAKKAR INVESTMENT AND FINANCE COMPANY THORU. KETAN RAMESH THAKKARversusDNYANOBA BABURAO PIMPALE AND ORS

2026:BHC-AS:40416

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                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  CIVIL APPELLATE JURISDICTION
                                  WRIT PETITION NO.9735 OF 2026

            M/s. Thakkar Investment and Finance Company ...           Petitioner
                  versus
            Dnyanoba Baburao Pimpale and Ors.           …             Respondents

            Mr. Atul Damle, Sr. Advocate with Mr. Prasad B. Kulkarni, for Petitioner.
            Mr. Piyush P. Hushing with Mr. Pandurang Shinde,for Respondent No.3.

                                  CORAM:     N.J.JAMADAR, J.

                                  DATE :     5 OCTOBER 2026

            ORDER :

            1.      Heard the learned Counsel for the parties.

            2.      Learned Counsel for Respondent No.3 seeks leave to tender an

            affidavit in reply.

            3.      Leave granted.

            4.      Affidavit in reply on behalf of Respondent No.3 is taken on record.

            5.      The challenge in this Petition is to an order dated 9 June 2026 passed

            by the learned Civil Judge, Pune, whereby the application preferred by the

            Petitioner – Plaintiff, for appointment of the Court Commissioner to measure

            the suit properties and submit a report in regard to the purported

            encroachment, came to be rejected.

            6.      The principal factor which weighed with the learned Civil Judge was

            that the Plaintiff has relied upon a map prepared by the Taluka Inspector of



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Land Records (TILR), on 16 November 2016. The Cadastral Surveyor who

prepared the map has yet not been examined and, at that stage, the prayer

for appointment of the Court Commissioner to have a fresh survey and

measurement of the suit properties was not justifiable.

7.    Mr. Damle, learned Senior Advocate for the Petitioner, on instructions,

submits that the demarcation map relied upon by the Plaintiff was indeed

prepared by the TILR. However, it was the claim of the Petitioner – Plaintiff

that after the said map was prepared, there was further encroachment at the

hands of the Defendants.

8.    The said submission was strongly refuted on behalf of the Respondents

– Defendants.

9.    Since the cadastral surveyor who has carried out the measurement and

prepared demarcation map dated 16 November 2016 has yet not been

examined as a witness in proof of the alleged encroachment, the trial Court

was justified in not entertaining the prayer for appointment of another Court

Commissioner. In the event the Plaintiff examines the cadastral surveyor, who

has carried out the measurement and prepared the map and, thereafter, the

Civil Court considers it appropriate to have a fresh measurement to elucidate

the matter in controversy, the Court Commissioner can be legitimately

appointed.

10.   Thus, the Writ Petition stands disposed with liberty to the Petitioner –


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                      Plaintiff to file an application for appointment of the Court Commissioner after

                      the Cadastral Surveyor who has carried out the measurement of the suit

                      properties and prepared the map dated 16 November 2016 is examined.

                      11.      In the event such an application is filed, the Trial Court is requested to

                      decide the same on its own merits and in accordance with law on the basis of

                      the material that may obtain at that stage.




                                                                           ( N.J.JAMADAR, J. )




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Signed by: S.S.Phadke
Designation: PS To Honourable Judge
Date: 06/10/2026 11:39:18