Smt. Rekha Sharad Pathak And ANR. v. Sou. Nadini Nitin Thorat

rsk 1 / 2 3-WP-611-17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.611 OF 2017 Smt. Rekha Sharad Pathak and Anr.

...Petitioners

vs.

Nadini Nitin Thorat

...Respondent

---- Mr. Vilas B. Tapkir for Petitioners.

None for Respondent.

---- CORAM : AMIT B. BORKAR, J.

DATE : 26 NOVEMBER 2021 P. C. :

The order under challenge is rejection of application under Order 26 Rule 9 and 12 of Code of Civil Procedure. The suit is for declaration of ownership and for injunction. There is no dispute of boundaries or encroachment in relation to the suit property. 2.

In the aforesaid facts, the learned trial court was justified while rejecting the application for appointment of court Commissioner. The order impugned being an interlocutory order, it is always open for petitioner to raise challenge to interlocutory order in an appeal under Section 96 of C. P. C.

by RAJESHWARI SUBODH KARVE Date:

2021.11.27 16:00:25 +0530 RAJESHWARI SUBODH KARVE

rsk 2 / 2 3-WP-611-17.doc 3.

With the above clarification petition is dismissed. (AMIT B. BORKAR, J)