Bajrang Dwarkadas Lohiya v. Ankush P Bababhau Kavde And Others

{1} 9-WP-7120-2023

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.7120 OF 2023 Bajrang Dwarkadas Lohiya Petitioner

Versus

Ankush P Bababhau Kavde And Others Respondents Mr. S.S. Kulkarni, Advocate for the petitioner. .......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 3 rd JULY, 2023 ORDER :

1.

Petitioner/plaintiff is aggrieved by the order passed by 3rd Joint Civil Judge, Junior Division, Majalgaon, below Exhibit30 in Regular Civil Suit No. 17/2022, thereby rejecting the application filed by the plaintiff for appointment of Court Commissioner.

2.

Admittedly, the application for appointment of Court Commissioner was moved by the plaintiff at a preliminary stage. This Court has consistently taken a view that appointment of Court Commissioner should not be made at preliminary stage and such application can be considered after recording of evidence of the parties is concluded. In that view of the matter, Bhagyawant Punde

{2} 9-WP-7120-2023 no fault can be found with the order impugned in the present petition. The writ petition is therefore dismissed with liberty to the parties to file application for appointment of Court Commissioner after evidence of the parties is concluded. [NITIN B. SURYAWANSHI, J.] Bhagyawant Punde