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Bombay High CourtWP/9692/2018disposed offdismissed for default

Sachin Laxmanrao Dak And Another v. Kishor Maroti Wandekar

2018-08-28Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.9692 OF 2018 (Sachin Laxmanrao Dak and another Vs. Kishor s/o Maroti Wandekar) Mr.A.G.Deshmukh, Advocate for the petitioners. ( CORAM : Ravindra V.Ghuge, J.) DATE : 28/08/2018 PER COURT :

1.

The petitioners, who are original defendants, are aggrieved by the impugned order dated 25/06/2018 by which application Exh.25 filed by the defendants seeking appointment of a Court Commissioner in RCS No.222/2018, has been rejected. 2.

I have considered the submissions of the learned Advocate for the petitioners and have gone through the 12 grounds formulated by him in the memo of the petition.

3.

This Court has consistently held in several judgments / orders, some of which are as under :- (a) Syed Mushtaque Ahmad Syed Ismail and others vs. Syed Ashique Ali Khan Haidar Ali, 2012 (1) ALL MR 80 : 2011

(6) Mh.L.J. 334.

(b) Dnyandeo Vithal Salke and others vs. Dagdu Kadar Inamdar, 2017 (3) Mh.L.J. 314.

khs/AUGUST 2018/9692-d

(c) Chandrakant Kashinath Dike and others vs. Smt.Satyabhama Vishwanath Dike and another, Writ Petition No.8877/2013 (Aurangabad Bench) decided on 17.01.2014.

(d) Dhondiba Bapu Zaware vs. Santosh Paraji Zaware and others, Writ Petition No.4756/2014 (Aurangabad Bench) decided on 08.12.2014.

that a Court Commissioner should not be appointed before the recording of oral evidence in the matter is concluded. 4.

Considering the above, I do not find that the impugned order could be faulted when the suit has been instituted on 25/05/2018 and the application for a appointment of Court Commissioner is filed on 01/06/2018.

5.

This petition, being devoid of merit, is therefore, dismissed. 6.

After the recording of oral evidence in the suit is concluded, either of the litigating sides may request for appointment of a Court Kranti Hansraj Shekatkar Commissioner and the Trial Court shall consider the said application on its own merits, without being influenced by the observations of this Court in this order.

by Kranti Hansraj Shekatkar Date:

2018.08.29 11:01:07 +0530 ( Ravindra V.Ghuge, J.) khs/AUGUST 2018/9692-d