Amit Chatterjee (Officer) 25 February 2020

Alternative to commission

I am sufferring from an act of property encroachment (concerning a small passage of around 3 feet widdth adjacent to my house) by my neighbour and filed a case against him in 2017, as because he threatened to build a wall in the property and claimed the property belongs to him. Since then, court has ordered an injunction on the said property. Recently court has disposed off the order of injunction and has moved to trial. My lawyer says that a petition for commission by the court should be the best step next on our behalf.

Is this really the only solution? What can be the better alternative than a commission? I am quite reluctant towards requesting for a commission as because a relative of mine is going through a court case for 18 years of which last 14 years have involved commission and re-commissions only. Thanks in advance.

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4 Replies

Real Soul.... (LEGAL) 25 February 2020

You need to file for appointment of commissioner ,as that will facilitate the court about actual situation; besides that will serve as evidance for any voilations

Amit Chatterjee (Officer) 25 February 2020

Thanks for your suggestion. But, isn't there any workaround besides filing for appointment of commissioner? I want to avoid this because of (1) the suffering I see of the relative as I stated above, and (2) the time and mainly Cost involved in the process (charges for the process, special fees for the lawyer, charges for transporting the commissioner and lawyer to my place from the court which is at a distance of around 18 kms)

SHIRISH PAWAR, 7738990900 (Advocate) 25 February 2020

Dear querist,

If you dont follow the procedure you will get nothing. Every one is subjcted to same law. I dont understand how 14 years took for commission usually it may take at the most 2 months. Mutually decided fees you have to pay.

Regards,