Shri. Arun Vishwambhar Solase And ORS. v. Smt. Shantabai Yadavrao Thitme (Decd) And ORS.

skc P7-WP-7500-15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7500 OF 2015 Arun V. Solase & Ors.

..

Petitioners vs.

Smt. Shantabai Y. Thitme, deceased Sainath Y. Thitme & Ors.

..

Respondents Mr. Jaydeep Deo for Petitioners.

CORAM : M. S. SONAK, J.

DATE : 30 JULY 2015 P.C. :- 1] Not on board. Upon production, taken on board. 2] This petition challenges order dated 21 November 2014, by which the District Judge, Pune has rejected the application seeking appointment of Court Commissioner.

3] Having heard the learned counsel for the petitioners and perused the impugned order, in my judgment, no case is made out to interfere with the same. Appointment of Court Commissioner cannot be insisted upon in order to collect evidence for the parties. Besides, the District Judge has also observed that the application is an attempt on the part of the petitioners to only protract the hearing in the matter.

4] In any case, there is no jurisdictional error in making of the impugned order.

5] For all the aforesaid reasons, this writ petition is dismissed. There shall be no order as to costs.

(M. S. SONAK, J.) Chandka 1/1