Jammu & Kashmir High Court
Ram Nath Padha vs Naveen Chander Padha And Others on 14 July, 2026
Author: Rajnesh Oswal
Bench: Rajnesh Oswal
154
2026:JKLHC-JMU:2111
HIGH COURT OF JAMMU, KASHMIR AND LADAKH
AT JAMMU
CM(M) No. 110/2026
Ram Nath Padha .....Appellant(s)/Petitioner(s)
q
Through: Mr. Rahul Aggarwal, Adv.
vs
Naveen Chander Padha and others ..... Respondent(s)
Through: Mr. Bhavesh Bhushan, Adv. for No. 1
Coram: HON'BLE MR. JUSTICE RAJNESH OSWAL, JUDGE
ORDER
14.07.2026
1. The petitioner through the medium of present petition filed under
Article 227 of the Constitution has assailed order dated 28.04.2026
passed by the Court of learned Civil Judge Sr. Division (CJM) Kathua
(for short the trial court), whereby the application filed under Order
XXVI Rule 9 of the Code of Civil Procedure for appointment of Court
Commissioner, has been rejected.
2. The order has been assailed on the ground that the land bearing khasra
No. 187 min is a big chunk of land and despite being a Khad and also a
Water Body and vested in State and due to various constructions, so
many doubts and confusions have been emerged. Therefore, in order to
appreciate the evidence on record, the appointment of a Court
Commissioner is required who could visit the spot, interact with parties
and people living in the vicinity, in order to get the latest status of suit
land.
2026:JKLHC-JMU:2111
3. Mr. Bhavesh Bhushan, learned counsel for respondent No. 1 submits
that the arguments have been heard by the learned trial court and the
case has now been reserved for judgment.
4. This Court has examined the order impugned and find that the learned
trial court has rightly observed that when the identities of the parcels of
land are established by cogent and convincing evidence, there remains
no need to appoint the local commissioner to ascertain the same fact,
which has otherwise been established and proved in the evidence of the
parties in discharge of onus of burden of proof of the respective issues
framed by the Court.
5. Be that as it may, the present petition is disposed of with a liberty to the
petitioner to assail the order impugned through a regular appeal, if he
fails in the suit.
(RAJNESH OSWAL)
JUDGE
Jammu
14.07.2026
Rakesh PS
CM(M) No. 110/2026 Page 2 of 2
