Gopal Mahadeo Taur v. Govind Ramling Taur And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.10476 OF 2023 Gopal Mahadeo Taur PETITIONER

VERSUS

Govind Ramling Taur and Others RESPONDENTS .......

Mr. Ashok B. Tele, Advocate for the petitioner .......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 23 rd AUGUST, 2023 ORDER :

1.

The petitioner is aggrieved by rejection of his application, Exhibit-43 filed in Regular Civil Suit No. 311 of 2018 praying for appointment of Court Commissioner.

2.

Heard learned advocate for the petitioner. Perused the memo of writ petition, documents annexed with it and the impugned order.

3.

Admittedly, application Exhibit-43 is filed at a preliminary stage and, therefore, this Court is not inclined to interfere in the impugned order at this stage, in exercise of extraordinary writ jurisdiction.

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The writ petition is, therefore, dismissed. The petitioner is at liberty to move application for appointment of Court Commissioner, after conclusion of recording of evidence. If such application is filed after conclusion of recording of the evidence, the Trial Court shall decide it on its own merits, without being influenced by the order impugned in the present petition. [NITIN B. SURYAWANSHI] JUDGE drp/wp10476-23.doc