Jyoti Anil Ursal v. Sayyad Akbar Sayyad Kasam And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.3203 OF 2020 JYOTI ANIL URSAL

VERSUS

SAYYAD AKBAR SAYYAD KASAM AND OTHERS Mr.R.R.Mantri, Advocate for the petitioner.

( CORAM : Ravindra V.Ghuge, J.) DATE : 26/02/2020 PER COURT :

1.

This matter is heard for some time.

2.

Considering the liberty granted by the Trial Court to the petitioner/plaintiff to examine the Court commissioner, the petitioner desires to withdraw this petition and prays for expediting the hearing in the suit.

3.

This petition is, therefore, disposed off. The petitioner would be at liberty to examine the Court Commissioner. The Trial Court shall frame the issues as expeditiously as possible and in any case on or before 31/03/2020. Since the suit is 10 years old, the Trial Court shall grant highest priority to the said suit and grant shorter khs/Feb.2020/3203-d

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4.

If eventually, after the recording of oral evidence, the Trial Court concludes that the report of the Court Commissioner is not reliable and is defective, liberty is granted to the litigating parties to move an application for seeking appointment of a Court Commissioner and the Trial Court would consider the said application on its own merits.

( Ravindra V.Ghuge, J.) khs/Feb.2020/3203-d