Shri. Prakash Madhukar Khedekar And ORS. v. Group Gram Panchayat, Rajpuri Through Its Sarpanch

skc P13-WP-5662-15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5662 OF 2015 Prakash M. Khedekar & Anr.

..

Petitioners vs.

Group Gram Panchayat, Rajpuri ..

Respondent Mr. Ramesh Sawant i/b. Mr. S. V. Pitre for Petitioners. CORAM : M. S. SONAK, J.

DATE: 12 OCTOBER 2015 P.C. :- 1] Not on board. Upon production, taken on board. 2] There is no case made out warranting exerise of extra ordinary jurisdiction and setting aside the impugned order dated 1 August 2014, by which, the Petitioners application for appointment of Court Commissioner has been rejected.

3] The Trial Court has held that the purpose of appointment of the Court Commissioner is not to collect evidence for the parties. Accordingly, there is no reason to interfere with the impugned order. 4] However, it shall be open for the Petitioners to engage the services of any Engineer / Expert and thereafter to examine such Engineer / Expert in support of their case.

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skc P13-WP-5662-15 5] With the above observations, the writ petition is disposed of. There shall be no order as to costs.

6] All concerned to act on basis of authenticated copy of this order.

(M. S. SONAK, J.) Chandka 2/2