Shankarrao Mahadeo Jagdale vs Milind Dadasaheb Jagdale — 71/2023

Case under Code of Civil Procedure Section Partition. Status: W.S. and Say. Next hearing: 30th March 2026.

Spl.C.S. - Special Civil Suit (Senior Division Judge)

CNR: MHST180002402023

W.S. and Say

Next Hearing

30th March 2026

Filing Number

240/2023

Filing Date

06-04-2023

Registration No

71/2023

Registration Date

06-04-2023

Court

Civil Court Senior Division, Vaduj

Judge

2-Jt. Civil Judge, Sr. Dn. And Addl. C. J. M., Vaduj

Acts & Sections

Code of Civil Procedure Section Partition

Petitioner(s)

Shankarrao Mahadeo Jagdale

Adv. Gundage S B

Respondent(s)

Milind Dadasaheb Jagdale

Hearing History

Judge: 2-Jt. Civil Judge, Sr. Dn. And Addl. C. J. M., Vaduj

06-03-2026

W.S. and Say

16-02-2026

W.S. and Say

31-01-2026

Issues

30-01-2026

Order

23-01-2026

Order

Interim Orders

31-01-2026
Order on T.I.
31-01-2026
Order on Exhibit

Summary: The court rejected the plaintiffs' application for appointment of a Court Commissioner under Order XXVI Rule 9 of the Code of Civil Procedure to inspect disputed property (Gat No. 1236/5 in Mhaswad, Satara). The court found that plaintiffs were taking contradictory positions—claiming in the suit that no partition had occurred while asserting in the commissioner application that an oral and written partition had already taken place. Additionally, the court observed that the construction on the property was temporary in nature and there was no genuine encroachment dispute pleaded in the original plaint, making the commissioner's appointment unnecessary and premature before deciding the main temporary injunction application. This case analysis is maintained by casestatus.in based on publicly available court records.

casestatus.in Summary

Summary: The court rejected the plaintiffs' application for appointment of a Court Commissioner under Order XXVI Rule 9 of the Code of Civil Procedure to inspect disputed property (Gat No. 1236/5 in Mhaswad, Satara). The court found that plaintiffs were taking contradictory positions—claiming in the suit that no partition had occurred while asserting in the commissioner application that an oral and written partition had already taken place. Additionally, the court observed that the construction on the property was temporary in nature and there was no genuine encroachment dispute pleaded in the original plaint, making the commissioner's appointment unnecessary and premature before deciding the main temporary injunction application. This case analysis is maintained by casestatus.in based on publicly available court records.

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