Dhondiram Saduram Kamble And Others v. Raghunath Mahadu Kamble Choudhari And Others

2025:BHC-AUG:4775 1 916.WP-8218-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 8218 OF 2023 DHONDIRAM SADURAM KAMBLE AND OTHERS

VERSUS

RAGHUNATH MAHADU KAMBLE CHOUDHARI AND OTHERS ...

Advocate for the Petitioners : Mr. Shinde Manoj Dharmaraj Advocate for Respondent Nos. 1 to 3 : Mr. Biradar Chandrakant D. ...

CORAM : SHAILESH P. BRAHME, J.

DATE : 18th FEBRUARY 2025 PER COURT :

.

Heard both the sides.

2.

The petitioners are challenging order dated 09.06.2023 below Exhibit-25 in RCS No.468/2019, appointing Commissioner at pre-mature stage. The evidence of the petitioner/plaintiff is underway. Application at exhibit-25 is admittedly filed, when the evidence is in progress.

3.

In view of the consistent view of this Court in the matter of Sarjerao Nathu Bangar and others vs. Namdev Keru Bangar and others in Writ Petition No.13441 of 2019, application at Exhibit-25 is pre-mature.

4.

The parties would be at liberty to resort to Order 26 Rule 9 at subsequent stages of the proceedings, if required.

2 916.WP-8218-2023.doc 5.

Writ petition is disposed of by quashing the impugned order passed below Exhibit-25.

SHAILESH P. BRAHME JUDGE NAJEEB..