Amanulla Khan Abdul Hamid Khan v. Mansoor Khan Sher Khan And Others

1 WP - 58-2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 58 OF 2018 AMANULLA KHAN ABDUL HAMID KHAN

VERSUS

MANSOOR KHAN SHER KHAN AND OTHERS ...

Mr. M.K. Deshpande, Advocate for petitioner ...

CORAM : SUNIL P. DESHMUKH, J.

DATE : 22-06-2018 ORDER :

1.

Heard learned counsel for petitioner.

2.

Petitioner purports to have been aggrieved by order dated 08-03-2017 passed by district judge - 12, Aurangabad on application exhibit - 28 in regular civil appeal no. 328 of 2012. 3.

Petitioner is plaintiff in regular civil suit no. 844 of 2005, seeking declaration of ownership and injunction in respect of 17 Acre of land gat no. 263, as described in the plaint. Suit had been dismissed and appeal had been preferred by petitioner - plaintiff which is pending before appellate court. During pendency of appeal, application exhibit - 28 referred to above, has been preferred for appointment of court commissioner. Application had been resisted on behalf of the respondents and the court, after hearing counsel for parties, found that the request could not be

2 WP - 58-2018 entertained, as the suit is not for fixation of boundaries or for removal of encroachment. It is suit for declaration and injunction and in the circumstances, appointment of court commissioner would tantamount to creation of evidence.

4.

Having regard to aforesaid, it is difficult to find fault with the impugned order. Writ petition, as such, is not entertained and is rejected.

[SUNIL P. DESHMUKH] JUDGE arp/