Shahenaz Mainuddin Patel v. Sou. Fahimunnisa Nurmahammad Sayyad

1 Pro-15 WP 11148-16 .doc Sequeira

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISDICTION WRIT PETITION NO. 11148 OF 2016 Shahenaz Mainuddin Patel.

.. Petitioner Vs.

Sou.Fahimunnisa Nurmahammad Sayyad .. Respondent Mr.Vinod Sangvikar i/b Umesh Mankapure, for the Petitioner. None for the Respondent.

CORAM : N.M.Jamdar, J.

Tuesday, 27 September 2016.

P.C. :

Not on board. Taken on production board by way of praecipe. 2.

Heard learned counsel for the Petitioner.

3.

By the impugned order dated 10 June 2016, learned Civil Judge Junior Division Miraj, has appointed Court Commissioner. One of the allegations and prayers in the suit are that Petitioner has encroached on the suit property. There is a dispute relating to encroachment and consequently the boundaries. The learned Civil Judge was not in error in exercising its discretion and following law settled by this Court in various decisions. The Writ petition is rejected.

(N.M.Jamdar, J.)