Kusumbai Rajendra Mhaske v. Harishchandra Vitthalrao Mhaske And Others

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.1237 OF 2016 (Kusumbai Rajendra Mhaske Vs. Harishchandra Vitthalrao Mhaske and others) Mr.C.V.Dharurkar, learned counsel for the petitioner. Mr.Shrimant Mundhe, learned counsel for respondent Nos. 2,3, 6 to 10. Respondent Nos. 1, 4 and 5 are served.

( CORAM : M.S.Sanklecha, J.) DATE : 10/04/2017 PER COURT :

1.

This petition challenges the order dated 15/12/2015 passed by the 6th Joint Civil Judge, Beed in RCS No.211/2015, rejecting the application for appointment of Court Commissioner filed by the petitioner.

2.

Mr.Dharurkar seeks to withdraw this petition with liberty to file a fresh application for appointment of Court Commissioner, if and when necessary. Liberty as prayed for, is granted. It is made clear that if and when an application for appointment of Court Commissioner is made, the same would be considered by the Trial Court on its own merits.

3.

The petition stands dismissed, as withdrawn, with liberty as aforesaid.

( M.S.Sanklecha, J.) khs/APR.2017/1237