Ramnath Shahaji Kapse And Others v. Damodhar Bandu Kapse And Others

WP-1190-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD WRIT PETITION NO. 1190 OF 2019 Ramnath s/o Shahaji Kapse and others .. Petitioners versus Damodhar s/o Bandu Kapse and others .. Respondents ---- Mr Mahesh B. Ubale, Advocate for petitioners CORAM : SUNIL P. DESHMUKH, J.

DATE : 29th January, 2019 ORDER :

1.

Heard learned counsel for the petitioner.

2.

Application Exhibit - 12 has been filed by present petitioners - defendants in regular civil suit bearing no. 262 of 2012 seeking appointment of court commissioner even before issues have been framed and thus the application seems to be at a premature stage. In the circumstances rejection of said application under impugned order dated 19-10-2018 by trial court would not be said to be unsustainable.

WP-1190-19.doc 3.

Writ petition is, therefore, rejected with liberty to make appropriate application at a proper stage if the circumstances so require.

SUNIL P. DESHMUKH JUDGE pnd/-