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Bombay High CourtWP/8417/2025disposed off

Santosh Raghu Dhonde v. Pravin Dariappa Andhalkar And Others

2025-09-24Hon'Ble Shri Justice Arun R. Pedneker2 pages

2025:BHC-AUG:26489 8417.25wp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 906 WRIT PETITION NO.8417 OF 2025 SANTOSH RAGHU DHONDE

VERSUS

PRAVIN DARIAPPA ANDHALKAR AND OTHERS ...

Advocate for the Petitioner : Mr.V.V.Tarde Advocate for Respondent no.1 : Mr.V.S.Bedre h/f. Mr.N.C.Garud ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 24.09.2025 P.C. :

1] By the present writ petition, the petitioner challenges the order passed by the trial Court for appointment of Court Commissioner dated 25.03.2025. 2] The learned counsel for the petitioner submits that the suit is filed for perpetual injunction and for measurement of the land, as such, the appointment of Court Commissioner would amount to collection of evidence. 3] Per contra, the learned counsel for the respondent no.1 submits that the order is already executed and the report is already prepared and the petitioner has participated in the process.

8417.25wp 4] Leaving all the contentions open, the Writ Petition is dismissed, with liberty to raise all grounds at appellate stage.

[ARUN R. PEDNEKER] JUDGE DDC