Ajit Narayan Jakhadi v. Mainak Mahendra Mashurwala And Another

45. AO-1088-2022.DOC Sayali Upasani

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.1088 OF 2022 WITH INTERIM APPLICATION NO.- 20352 OF 2022 Ajit Narayan Jakhadi ...Appellant Vs.

Mainak Mahendra Mashurwala And

...Respondents

Another Ms. Shraddha Achliya i/b Mr. Rajesh Parab a/w Mr. Amol Chile, for Appellant.

Mr. Yashodhan Dinkar a/w Mr. Yash K. i/b Dinkar and Co., for Respondent No. 1.

CORAM:- N. J. JAMADAR, J.

DATED:- 15th MARCH, 2023 PC:- 1) Heard the learned Counsel for the parties.

2) The challenge in this Appeal is to an order dated 21st September, 2022, whereby the learned Judge, City Civil Court modifying the order dated 9th November, 2021, directed that an Architect from the panel of Architects be appointed as the Court Commissioner instead of an Advocate Commissioner. 1/2

45. AO-1088-2022.DOC 3) Pursuant to an order dated 22 February 2023 passed by this Court, the Architects appointed by this Court have submitted the reports.

4) Since two Architects appointed by this Court have submitted the reports, let these reports be placed before the City Civil Court.

5) The parties shall be at liberty to file affidavits before the City Civil Court to deal with the reports submitted by the Architects.

6) The City Civil Court shall consider the reports of the Commissioners, including the Architects - Commissioners, for the purpose of determination of the pending proceedings and the proceedings which may be filed.

7) With the aforesaid clarification, the Appeal stands disposed.

8) Interim Application also stands disposed.

[N. J. JAMADAR, J.] 2/2