#Encroachment Dispute

The Karnataka High Court has ruled that procedural delays in filing applications under Order XXVI Rule 9 CPC cannot override the need for accurate fact-finding when encroachment claims require on-site inspection. This reinforces judicial discretion to prioritize substantive justice over technical non-compliance, benefiting property litigants in rural and contested land cases where visual evidence is decisive.

Chhattisgarh High Court clarifies that civil courts are not barred from adjudicating encroachment disputes under Section 257 of the Chhattisgarh Land Revenue Code, even if construction exists, provided title is established via patta and revenue records. The ruling reinforces that demarcation reports remain admissible as evidence even without the defendant's presence, ensuring property owners can seek redressal without revenue authority intervention.