Topic
The Delhi High Court clarified that a court can issue a commission under Order XXVI Rule 4A even without the parties’ agreement. Such appointments can be reviewed independently of any pending transfer petition. The decision guides litigants and counsel in family-court matters requiring evidence through a Local Commissioner.
The Himachal Pradesh High Court ruled that demarcation reports in land disputes must strictly adhere to the last settlement records. Courts cannot rely on outdated revenue records, and fresh commissioners need not be appointed if a valid alternative report exists. This sets a precedent for boundary disputes, emphasizing the primacy of recent revenue records over historical ones.
MP High Court rules that trial courts must appoint a Local Commissioner under Order 26 Rule 9 CPC in boundary disputes where title hinges on land demarcation. Failure to do so renders the decree void, ensuring procedural fairness in property disputes.
Sikkim High Court rules that a Local Commissioner's report under Order 39 Rule 2A CPC must be treated as final without requiring cross-examination, ensuring timely adjudication of contempt applications. The ruling underscores procedural fairness while preventing undue delays in long-pending property disputes.
Punjab & Haryana High Court mandates trial courts to decide contempt petitions for ex parte injunction violations within six months, emphasizing prompt adjudication to prevent financial losses. The court also directed consideration of a Local Commissioner to ascertain possession status, reinforcing procedural safeguards for aggrieved parties.