Sageer Ahmad Muneer Ahmad And ORS. v. Mohd. Anas Mohd. Yaqoob Ansari And ORS.

skc 911-WP-4175-15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4175 OF 2015 Sageer Ahmad Muneer Ahmad & Ors.

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Petitioners vs.

Mohd. Anas Mohd. Yaqoob Ansari & Ors.

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Respondents Mr. Sachin Chandan for Petitioners.

CORAM : M. S. SONAK, J.

DATE: 24 APRIL 2015 P.C. :- 1] This petition challenges order dated 15 December 2014 made by the 4th Joint Civil Judge, Junior Division, Bhiwandi, declining to appoint Court Commissioner at the instance of the petitioners - plaintiffs.

2] The impugned order notes that the dispute in the suit is between landlord and tenant. The suit is seeking relief, inter alia to permit repairs to the suit structure. In the matters of this nature there is no necessity to appoint Court Commissioner. It is always open to the petitioners - plaintiffs to examine an expert in support of their case. The purpose of appointment of the Court Commissioner is not to collect evidence for either parties.

3] There is accordingly, no jurisdictional error or perversity of approach in the making of the impugned order. This petition is accordingly dismissed. There shall be no order as to costs. Chandka (M. S. SONAK, J.) 1/1