Ananda Gangaram Baviskar Mali And Others v. Shamrao Lotan Patil And Another

2025:BHC-AUG:8795 ( 1 ) wp1479.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 20 WRIT PETITION NO. 1479 OF 2025 ANANDA GANGARAM BAVISKAR MALI AND OTHERS

VERSUS

SHAMRAO LOTAN PATIL AND ANOTHER Mr.A.S. Mali, Advocate for the petitioners.

CORAM

: KISHORE C. SANT, J.

DATE : 24.03.2025 PC :- 01.

Heard learned Advocate for the petitioners. The challenge in this petition is to an order dated 14.8.2024 rejecting an application of the petitioner/original plaintiff seeking appointment of the Court Commissioner in RCS No. 115 of 2021. The learned Civil Judge, Junior Division, Dhule has rejected the application observing that already measurement of the land is done. The plaintiff again wants the land to be measured only on the ground that he wants to know as to in whose possession, the suit property is lying.

02.

This Court has seen the application. In para No.4 of the application, it is case of the plaintiff itself that he wants appointment of the Court Commissioner to ascertain as to who is in possession of the disputed land.

( 2 ) wp1479.25 03.

Consequently, this Court does not find any perversity or illegality in the order passed by the learned Trial Court. This Court is not inclined to entertain this writ petition. The writ petition is dismissed with no order as to costs.

[KISHORE C. SANT, J.] snk/2025/mar25/wp1479.25