Here's a breakdown of a recent court decision where an Advocate Commissioner was appointed to resolve a property boundary dispute. Let's dive into the details!
The case involves RNK Agro Chemicals Pvt Ltd (the petitioners) and Ratan Kedia and Rohit Kedia (the respondents). The dispute is about the boundaries of a property, known as the Suit Schedule Property. Ratan Kedia and Rohit Kedia wanted the court to officially recognize their ownership and help them get back control of this property. They also asked for a court order to make someone do something and for compensation for any losses they suffered while they were not in control of the property.
Ratan Kedia and Rohit Kedia claimed there was a serious mix-up regarding the property's location and boundaries. RNK Agro Chemicals Pvt Ltd, in their written statement, admitted there was confusion about the property's boundaries. This admission led the Trial Court to allow the appointment of an Advocate Commissioner to sort things out.
"The Trial Court allowed the plaintiff’s application on the basis of the pleadings in the Written Statement and by reason of the defendants’ acknowledging of a dispute with regard to identification of the Suit Schedule Property."
Justice Moushumi Bhattacharya reviewed the case and found no error in the Trial Court's decision to appoint an Advocate Commissioner. The Commissioner is needed to clarify the property's boundaries, which is crucial for resolving the ownership and possession issues.
RNK Agro Chemicals Pvt Ltd cited previous cases to argue against the appointment. However, those cases didn't involve disputes about property boundaries like this one. The court found these references irrelevant.
"Unlike the present case, none of the above said decisions contemplated any dispute being raised by the defendants with regard to boundaries of the Suit Schedule Property."
The court dismissed RNK Agro Chemicals Pvt Ltd's Civil Revision Petition (CRP) No. 1950 of 2025, supporting the Trial Court's decision. The appointment of an Advocate Commissioner was upheld, and any temporary orders were canceled.
