Sri Lanka
Karnataka HC advises various procedures for cases involving court commissioners | Bengaluru News
Bangalore: friendship the bench Karnataka High Court A series of procedures/measures have been recommended to courts of first instance in matters involving the appointment of court commissioners to resolve disputes.
In disputes such as those relating to air, light, access, roads, waterways, boundaries, encroachment, disputes relating to forgery, streams, ponds, drainage systems, watercourses, the existence or otherwise of roads, paths, pollution or nuisance, etc., appoint the appropriate court commissioner Pursuant to Order XXVI Code of Civil Procedure It is advisable to conduct local inspections in the presence of all parties, Justice Ananth Ramanath Haggard Has obeyed his orders.
“Reporting under Order XXVI of the Code of Civil Procedure, where appropriate, is an effective tool available to the court and the litigant. The litigant can use this tool to prove his/her case and the court to unravel the mysteries of the case ’ the judge noted in his order.
Procedures/measures
To shorten the time requirement, the judge said the trial court may need to fix a date and time for local inspections and direct the parties to the disputed property to avoid the process of giving notice to the parties. Parties raised by the Commissioner of the Court. In addition, the trial court should also determine a time frame for the parties to file instruction memorandums and when to challenge the court commissioner’s report.
In addition to asking specific questions to be answered by a court commissioner in a particular case upon request, the trial court may also prescribe/clarify whether parties are entitled to file additional instructional memorandums at trial. Check locally.
“The time frame for the filing of the report to the court is fixed, and in fixing the time, due regard must be given to the nature of the commissioned work and the urgency of the matter involved. If a survey of any land is ordered by the head of the surveying department or any other designated official, The Court may also specify in the order, taking into account the nature of the work, whether the appointed Commissioner has the authority to delegate work to others in the same Department. In all cases pending the report of the Commissioner, the Court of First Instance may proceed where practicable. or other stages of the proceedings”, Judge Hegde further added.
allow
In the present case, the judge granted the petition filed by Shadaksharappa, a resident of Sundhanoor, Raichur district. Directions have been issued to the Court of First Instance to appoint jurisdictional surveyors to survey the property in action and secure reports.
Shadaksharappa claimed that a Chandrashekhar had encroached on the road and he had filed an injunction suit. In the aforementioned suit, he had sought the appointment of a court commissioner by application. However, on April 6, 2022, following Chandrashekhar’s dissent, the JMFC Court rejected his application, arguing that it was premature to file the application before the completion of the trial.
In disputes such as those relating to air, light, access, roads, waterways, boundaries, encroachment, disputes relating to forgery, streams, ponds, drainage systems, watercourses, the existence or otherwise of roads, paths, pollution or nuisance, etc., appoint the appropriate court commissioner Pursuant to Order XXVI Code of Civil Procedure It is advisable to conduct local inspections in the presence of all parties, Justice Ananth Ramanath Haggard Has obeyed his orders.
“Reporting under Order XXVI of the Code of Civil Procedure, where appropriate, is an effective tool available to the court and the litigant. The litigant can use this tool to prove his/her case and the court to unravel the mysteries of the case ’ the judge noted in his order.
Procedures/measures
To shorten the time requirement, the judge said the trial court may need to fix a date and time for local inspections and direct the parties to the disputed property to avoid the process of giving notice to the parties. Parties raised by the Commissioner of the Court. In addition, the trial court should also determine a time frame for the parties to file instruction memorandums and when to challenge the court commissioner’s report.
In addition to asking specific questions to be answered by a court commissioner in a particular case upon request, the trial court may also prescribe/clarify whether parties are entitled to file additional instructional memorandums at trial. Check locally.
“The time frame for the filing of the report to the court is fixed, and in fixing the time, due regard must be given to the nature of the commissioned work and the urgency of the matter involved. If a survey of any land is ordered by the head of the surveying department or any other designated official, The Court may also specify in the order, taking into account the nature of the work, whether the appointed Commissioner has the authority to delegate work to others in the same Department. In all cases pending the report of the Commissioner, the Court of First Instance may proceed where practicable. or other stages of the proceedings”, Judge Hegde further added.
allow
In the present case, the judge granted the petition filed by Shadaksharappa, a resident of Sundhanoor, Raichur district. Directions have been issued to the Court of First Instance to appoint jurisdictional surveyors to survey the property in action and secure reports.
Shadaksharappa claimed that a Chandrashekhar had encroached on the road and he had filed an injunction suit. In the aforementioned suit, he had sought the appointment of a court commissioner by application. However, on April 6, 2022, following Chandrashekhar’s dissent, the JMFC Court rejected his application, arguing that it was premature to file the application before the completion of the trial.
