Shri. Deepak Krishavtar Madan And ANR v. Nashik Municipal Corp. , Nashik And ANR

15. WP 4133-2019.doc Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION 4133 OF 2019 Deepak Krishavtar Madan & anr.

.Petitioners Vs.

The Nasik Municipal Corporation & anr.

.Respondents Mr. Vikram Sathaye i/b. Ms Yogita Deshmukh Chitnis, Advocate, for the Petitioners Mr. Rohit P. Sakhadeo, Advocate, for the Respondents 1 & 2

CORAM

:

ROHIT B. DEO, J.

DATE :

12.07.2022 P. C.

.

The challenge is to the order of the learned Appellate Court, whereby Application preferred by the Appellant seeking appointment of Commissioner is rejected. 2.

I am not inclined to delve deeper in the reasons recorded by the Appellate Court.

3.

I am satisfed that without preferring an Application under O. XL, Rule 27 of the Code of Civil Procedure, 1908 (for short 'CPC'), the Application for

15. WP 4133-2019.doc appointment of Court Commissioner was not maintainable. 4.

The Petition is disposed of with liberty to the Petitioners - Appellants to prefer an appropriate Application under O. XL, Rule 27 of the CPC, which shall be considered on its own merits, and at an appropriate stage. ( ROHIT B. DEO, J. )