Vinayak Sarjerao Potghan Through Gpa Sarjerao Deoram Potghan v. Bahiru Laxman Potghan And Others

1 W.P. No. 1806/2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD 31.

WRIT PETITION NO. 1806 OF 2020 Vinayak Sarjerao Potghan through his GPA Sarjerao Deorao Potghan R/o Jategaon Tal. Parner Dist. Ahmednagar

...Petitioner

VERSUS

Bahiru Laxman Potghan and others

...Respondents

Mr. V.B. Anjanwatikar, Advocate for petitioner C ORAM : ROHIT B. DEO , J.

DATE : 29th January, 2020 PER COURT :

1.

The petitioner is the plaintif, who is aggrieved by the order passed by the Trial Court, whereby the application under Order XXVI Rule 9 of C.P.C. for appointment of Commissioner is rejected. 2.

It is observed by the Trial Court that Commissioner cannot be appointed to collect the evidence. I do not see any error in the said observation.

3.

However, since Commissioner can be appointed to elucidate evidence on record, the plaintif shall be at liberty to apply

2 W.P. No. 1806/2020 for appointment of Commissioner, afresh, after the evidence is recorded, and if such application is made, the same shall be considered on its own merits and in accordance with law. 4.

The petition is disposed of.

( ROHIT B. DEO ) JUDGE Madkar