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Bombay High CourtWP/1861/2021dismissed

Ramnath Sakharam Malode Decd Thru Lhrs And ANR v. Namdeo Bhagwant Pekhale Decd Thru Lhrs

2022-04-07Hon'Ble Shri Justice Nitin W. Sambre2 pages

IRESH SIDDHARAM MASHAL SIDDHARAM MASHAL Date: 2022.04.08 09:35:42 +0530 911.1861.21 wp.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 1861 OF 2021 RAMNATH SAKHARAM MALODE ....PETITIONERS DECD THRU LHRS AND ANR V/s.

NAMDEO BHAGWANT PEKHALE DECD .....RESPONDENTS THRU LHRS Mr. Rameshwar N. Gite Advocate for the Petitioners CORAM :

NITIN W. SAMBRE, J.

DATE:

APRIL 7, 2022.

P.C.:

1) Heard. Submissions of learned counsel for the PetitionerJudgment Debtor are, considering the nature of Decree, a technical expert Taluka Inspector Land Records ought to have appointed as a Court Commissioner and not an Advocate.

2) With the assistance, I have perused the Decree so also impugned order.

3) Considering the nature of Decree, appointment of Advocate as a 1/2

911.1861.21 wp.doc Court Commissioner cannot be faulted with. No case for interference is made out. Petition as such fails, stands dismissed. [NITIN W. SAMBRE, J.] 2/2