Sudhir Damodhar Bile And ANR v. Satish Balasaheb Dhemre And ORS

44-wp-6252-2013.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6252 OF 2013 Sudhir Damodhar Bile and Anr.

.. Petitioners

Versus

Satish Balasaheb Dhemre and Ors.

.. Respondents Mr. Ajay A. Joshi for petitioners.

None for the respondents.

CORAM : K.K. TATED, J.

DATE : 16 JANUARY 2019.

P.C:- .

Heard learned Counsel for the petitioners.

2.

By this writ petition under Article 227 of the Constitution of India petitioner original plaintiff is challenging the order dated 16.10.2012 passed by the Civil Judge, Junior Division, Sangola in Regular Civil Suit No.118 of 2008 rejecting their application for appointment of Court Commissioner. 3.

It is to be noted that in the present proceedings petitioner has filed Regular Civil Suit No.118 of 2008 for injunction. Same was kept on several dates for leading evidence on behalf of petitioner original plaintiff. In spite of leading S.C.Magar

44-wp-6252-2013.doc evidence for long time, petitioner has filed application for appointment of Court Commissioner. The Court below rightly held that petitioner original plaintiff wants to collect the evidence with the help of the Court Commissioner to prove his case. 4.

Considering these facts, I do not find any reason to entertain the present writ petition. Hence, writ petition stands rejected.

5.

No order as to costs.

(K.K.TATED, J.) S.C.Magar