Dilip Anant Gite v. Dyaneshwar Shankar Gite And ORS.

kvm 1/2 0-WPST25347.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION (ST) NO. 25347 OF 2018 Dilip Anant Gite ..... Petitioner

VERSUS

Dyaneshwar Shankar Gite & Ors.

..... Respondents Mr.Suryajeet Chavan, i/b. Mr.P.B.Gujar for the Petitioner. None for the Respondents.

CORAM :

R.D. DHANUKA, J.

DATE :

16th OCTOBER, 2018 P.C.

The matter is mentioned. Not on board.

2.

By this petition, the petitioner has impugned the order passed by the executing court thereby appointing an advocate as a court commissioner for measurement of the house property. The appointment of the learned advocate as a court commissioner is challenged on the ground that the advocate may not be expert in taking measurement of the house property.

3.

It is made clear that the learned advocate may take assistance of any expert person for the purpose of taking measurement of the house property.

4.

I am not inclined to interfere with the order passed by the learned trial judge.

kvm 2/2 0-WPST25347.18 5.

Writ petition is disposed of in the aforesaid terms. No order as to costs.

6.

The petitioner is directed to convey this order to the respondents as well as to the learned executing court for record and compliance. [R.D. DHANUKA, J.] Kanchan Vinod Mayekar by Kanchan Vinod Mayekar Date: 2018.10.17 18:07:23 +0530