Shaikh Farooq Shaikh Raheman v. Shaikh Anwar Shaikh Chand And Another

929-WP-6991-2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.6991 OF 2022 Shaikh Farooq S/o. Shaikh Raheman .... Petitioner

Versus

Shaikh Anwar S/o. Shaikh Chand and another .... Respondents ......

Mr. M.S. Choudhary, Advocate for the Petitioner Mr.D.Y. Nandedkar, Advocate for Respondent No.1 Mr. R.N. Dhakane, Advocate h/f Mr. S.S. Thombre, Advocate for Respondent No.2 ......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 15th MARCH, 2023 ORDER :

1.

The petitioner is aggrieved by the order passed by the learned Civil Judge, Junior Division, Kannad, below Exhibit67 in Regular Civil Suit No. 18 of 2014, thereby rejecting the application filed by the petitioner for appointment of Court Commissioner for inspection of the suit property. 2.

Admittedly, the application is filed before recording of evidence. This Court has consistently held that application for appointment of Court Commissioner filed before recording of evidence is premature and it should not be allowed.

929-WP-6991-2022 3.

In that view of the matter, this Court does not find any illegality or perversity in the order impugned in the present petition.

4.

The writ petition being devoid of merit is dismissed. [ NITIN B. SURYAWANSHI ] JUDGE S.P. Rane