M/S. Sinnar Agrovet Pvt. Ltd. Thr. Director Shubham Baldi v. Deepak Maruti Naik And ORS

13-wp13159-2023.doc AGK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.13159 OF 2023 Sinnar Agrovet Pvt. Ltd.

through director Shubham Baldi ... Petitioner V/s.

Deepak Maruti Naik & Ors.

... Respondents Digitally signed by ATUL GANESH KULKARNI Date:

2023.10.26 14:48:58 +0530 ATUL GANESH KULKARNI Mr. Sachindra B. Shetye for the petitioner.

CORAM :AMIT BORKAR, J.

DATED :OCTOBER 26, 2023 P.C.:

1.

By this writ petition under Article 227 of the Constitution of India, the petitioner/original plaintiff filed an application for appointment of Taluka Inspector of Land Records (TILR) as Court Commissioner in a suit for injunction restraining defendants from carrying out construction over the suit property. 2.

Considering the nature of the suit, the Trial Court rejected the application holding that it is for the plaintiff to establish his possession to seek relief of injunction. The Trial Court observed that appointment of Commissioner would amount to collection of evidence.

3.

Considering the nature of the suit, in my opinion, no error of jurisdiction is committed by the Trial Court in rejecting the

13-wp13159-2023.doc application.

4.

There is no merit in the writ petition. The writ petition is dismissed. No costs.

(AMIT BORKAR, J.)