Navnath Vitthal Raundal And Others v. Jalindar Vitthal Raundal And Others

{1} 906-WP-4670-2023

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.4670 OF 2023 Navnath Vitthal Raundal And Others

...Petitioners

Versus

Jalindar Vitthal Raundal And Others

...Respondents

Mr. C.V. Bodkhe, h/f. Mr. R.V. Gore, Advocate for the petitioners. .......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 21 st APRIL, 2023 ORDER :

1.

In the suit filed for injunction by respondents No. 1 and 4/original plaintiffs, application Exhibit-104 is filed for appointment of Court Commissioner, at a premature stage according to the petitioners. The Trial Court has allowed the application by impugned order dated 20.07.2022. 2.

Learned advocate for the petitioners states that pursuant to the impugned order, on 20.04.2023, the Court Commissioner has carried out the measurement. In this view of the matter, writ petition is disposed of by directing the Trial Court to consider the said report after commencement of recording of evidence.

Bhagyawant Punde

{2} 906-WP-4670-2023 3.

Needless to state that, the petitioners are entitled to question the report of Court Commissioner in the cross examination of Commissioner.

[NITIN B. SURYAWANSHI, J.] Bhagyawant Punde