Gopal Babu Khatal v. Shri. Appaso Babu Khatal And ORS

DSS 44-wp-10505-14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10505 OF 2014 Gopal B. Khatal .. Petitioner vs.

Appaso B. Khatal and ors.

.. Respondents None for the Petitioner.

Mr. Vinod Sangvikar i/b Mr. U. R. Mankapure for the Respondent. CORAM :

M. S. SONAK, J.

DATE : 1 April, 2015.

P.C. :- 1] None for the petitioner.

2] The impugned order rejects the appointment of Court Commissioner. In the present case, the suit came to be filed alleging that the defendants were obstructing the peaceful possession of the plaintiff. In such a suit, the impugned order records that no map showing any alleged encroachment was ever produced. 3] In these circumstances, the learned IIIrd Joint Civil Judge, Junior Division, Miraj has rightly dismissed the application seeking appointment of Court Commissioner.

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DSS 44-wp-10505-14 4] There is no jurisdictional error in making the impugned order. Accordingly, petition is dismissed. There shall be no order as to costs. (M. S. SONAK, J.) dinesh 2/2