Shantabai Ramchandra Pawar v. Swarupkumar Sampatrao Jankar And ANR.

(12) WP-896-19.doc BDP-SPS Bharat D.

Pandit

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

by Bharat D.

Pandit Date:

2021.02.11 09:33:43 +0530 CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 896 OF 2019 Shantabai Ramchandra Pawar ..... Petitioner.

V/s Swarupkumar Sampatrao Jankar and Anr.

..... Respondents.

----- Mr. Prabhanjan Gujar for the Petitioner.

Mr. Nikhil Wadikar i/b Nandu Pawar for Respondent No.1. ------ CORAM: NITIN W. SAMBRE, J.

DATE: FEBRUARY 9, 2021 P.C.:- Application-Exhibit-35 taken out for appointment of Court Commissioner by the Respondent/Plaintiff came to be allowed vide impugned order dated 11/10/2018. Considering the fact that recording of evidence in the suit is yet to commence, ApplicationExhibit-35 is not pressed. That being so, order impugned dated 11/10/2018 is hereby quashed and set aside. However, this will not preclude the Respondent/Plaintiff from moving fresh application under Order 26 Rule 9 of C.P.C. for appointment of Court Commissioner at the time of recording of evidence. Such application, if so moved, be decided in accordance with law without being influenced by this order.

( NITIN W. SAMBRE, J. ) 1/1