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Bombay High CourtWP/9076/2022disposed off

Mangalbai Shenpadu Patil Deceased Through Lrs Vinod Shenpadu Patil v. Prabhakar Laxman Kothavade

2022-09-08Hon'Ble Shri Justice M. G. Sewlikar1 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 942 WRIT PETITION NO.9076 OF 2022 MANGALBAI SHENPADU PATIL DECEASED THROUGH LRS VINOD SHENPADU PATIL

VERSUS

PRABHAKAR LAXMAN KOTHAVADE Shri. P. B. Patil (Borse), Advocate for he petitioner CORAM : M. G. SEWLIKAR, J.

DATED : 8th SEPTEMBER, 2022 PER COURT :- 1.

Heard.

2.

The application for appointment of Commissioner is rejected by the learned Trial Court.

2.

The petitioner is the plaintiff in a suit for perpetual injunction. Evidence of 3 witnesses is over. Yet the plaintiff evidence is not complete. After completion of the entire evidence the plaintiff can apply for appointment of Court Commissioner. Learned counsel, therefore, on instructions, seeks leave to withdraw the application with liberty to apply for appointment of Court Commissioner after entire evidence is over. Petition is disposed of as withdrawn with liberty as prayed. [M. G. SEWLIKAR, J.] ssp wp9076.22