Shantappa Siddanna Patil vs Sanganna Nageshi Patil Advocate - Boralkar S.A. — 102/2024

Case Summary: Shantappa Siddanna Patil v. Sanganna Nageshi Patil & Others (R.C.S. 102/2024) The plaintiff's application for appointment of a Court Commissioner under Order XXVI Rule 9 CPC to conduct measurements of partitioned property (Gat No.326) was rejected with costs. The court held that a Court Commissioner cannot be appointed to collect evidence for parties or ascertain their possession of property portions. The plaintiff must prove his own possession through evidence at trial, and the court may only appoint a Commissioner suo moto after evidence is adduced, if clarification becomes necessary. This case analysis is maintained by casestatus.in based on publicly available court records.