Chandrakant S/o Shankreppa Ganure, Age.65yrs, Occ.Agri,R/o.Matki, Tq.Aland, Dist.Kalaburagi vs Maheboob S/o Mohd.Khan Pathan, Age.45yrs, Occ.Driver,R/o.Matki, Tq.Aland, Dist.Kalaburagi — 44/2018

Case under Sec151 Cpc Section 96. Status: ARGUMENTS.. Next hearing: 23rd June 2026.

R.A. - Regular Appeals

CNR: KAKB210003382018

ARGUMENTS.

Next Hearing

23rd June 2026

Filing Number

44/2018

Filing Date

19-11-2018

Registration No

44/2018

Registration Date

19-11-2018

Court

SENIOR CIVIL JUDGE AND JMFC, ALAND

Judge

681-SENIOR CIVIL JUDGE,ALAND

Acts & Sections

Sec151 CPC Section 96

Petitioner(s)

Chandrakant S/o Shankreppa Ganure, Age.65yrs, Occ.Agri,R/o.Matki, Tq.Aland, Dist.Kalaburagi

Adv. PRADEED N SHAH

Respondent(s)

Maheboob S/o Mohd.Khan Pathan, Age.45yrs, Occ.Driver,R/o.Matki, Tq.Aland, Dist.Kalaburagi

Ayub S/o Mohd.Khan Pathan, Age.48yrs, Occ.Agri, R/o.Matki, Tq.Aland, Dist.Kalaburagi

The Gram Panchayat of village Matki, through its Secretary, R/o.Nirgudi, Tq.Aland, Dist.Kalaburagi

Hearing History

Judge: 681-SENIOR CIVIL JUDGE,ALAND

10-04-2026

ARGUMENTS.

13-03-2026

ARGUMENTS.

28-02-2026

ARGUMENTS.

11-02-2026

ARGUMENTS.

29-01-2026

ARGUMENTS.

Interim Orders

21-06-2019
Issue
02-05-2025
Orders

Case Summary: R.A. No. 44/2018 Court: Senior Civil Judge, Aland, Kalaburagi District Date: 2nd May 2025 Parties: - Appellant/Plaintiff: Chandrakanth S/o. Shankreppa Ganure (age 65, farmer) - Respondents/Defendants: Maheboob S/o. Mohd. Khan Pathan (age 45, driver), Ayub S/o. Mohd. Khan Pathan (age 48, farmer), and Gram Panchayat of Matki Order: Interim Application No. I (for appointment of court commissioner for spot inspection) rejected with costs. Key Issue: Plaintiff sought appointment of a court commissioner to conduct spot inspection and verify the existence of a 5-foot panchayat lane between his house and defendants' house, with windows opening onto this lane. The trial court had twice dismissed similar applications (on 08.11.2017 and 31.01.2018). Reasons for Rejection: 1. Application barred by principles of res judicata (identical applications already rejected by trial court) 2. Application filed at belated stage (when case posted for arguments on merits) 3. Application filed without supplementary application under Order 41 Rule 27 CPC (required for additional evidence in appeal) 4. Plaintiff failed to produce title documents (Hakku patra) for his own property 5. Plaintiff can establish existence of panchayat lane through conventional evidence without commissioner's assistance This case analysis is maintained by casestatus.in based on publicly available court records.

casestatus.in Summary

Case Summary: R.A. No. 44/2018 Court: Senior Civil Judge, Aland, Kalaburagi District Date: 2nd May 2025 Parties: - Appellant/Plaintiff: Chandrakanth S/o. Shankreppa Ganure (age 65, farmer) - Respondents/Defendants: Maheboob S/o. Mohd. Khan Pathan (age 45, driver), Ayub S/o. Mohd. Khan Pathan (age 48, farmer), and Gram Panchayat of Matki Order: Interim Application No. I (for appointment of court commissioner for spot inspection) rejected with costs. Key Issue: Plaintiff sought appointment of a court commissioner to conduct spot inspection and verify the existence of a 5-foot panchayat lane between his house and defendants' house, with windows opening onto this lane. The trial court had twice dismissed similar applications (on 08.11.2017 and 31.01.2018). Reasons for Rejection: 1. Application barred by principles of res judicata (identical applications already rejected by trial court) 2. Application filed at belated stage (when case posted for arguments on merits) 3. Application filed without supplementary application under Order 41 Rule 27 CPC (required for additional evidence in appeal) 4. Plaintiff failed to produce title documents (Hakku patra) for his own property 5. Plaintiff can establish existence of panchayat lane through conventional evidence without commissioner's assistance This case analysis is maintained by casestatus.in based on publicly available court records.

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