Dashrath Narsingh Kawade And Another v. Dropadibai Vitthal Choudhary And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 6553 OF 2014 Dashrath s/o Narsingh Kawade & another Petitioners

Versus

Dropadibai Vitthal Chaudhary & others Respondents Mr. V.S. Undre, advocate for petitioners.

Mr. Mr. S.Y. Mahajan, A.G.P. for respondents. CORAM : R.M.BORDE, J.

DATE : 26th MARCH, 2018 PER COURT:

Application presented at interlocutory stage claiming appointment of Court Commissioner for measuring the suit property has been turned down by the trial Court. 2.

The application was presented at initial stage and before framing of issues. If after framing of issues, plaintiffs make out a case for appointment of Court Commissioner, they may tender appropriate application and the Court may consider the same after extending an opportunity of hearing to the other side. At this stage of the proceeding, there is no need to make appointment of Court Commissioner and the impugned order does not appear to be erroneous.

3.

At an appropriate stage, if petitioners make out a case and tender application, the trial Court may consider the same and, the

{2} wp6553-14.odt order passed at Exh. 28 in Regular Civil Suit No. 218/2013 may not be an impediment for consideration of such an application. 4.

With liberty as aforesaid, writ petition is disposed of. R.M.BORDE JUDGE dyb