Bombay High CourtWP/9522/2016disposed offdismissed for default

Sarjerao Shankar Waghmare v. Dattabhau Narayan Waghmare And Others

2016-09-14Hon'Ble Shri Justice T.V. Nalawade2 pages

WP 9522/16 - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION.9522/2016 Sarjerao Shankar Waghmare.

...Petitioner..

Versus

Dattabhau Narayan Waghmare & others.

...Respondents...

.....

Shri A.K. Gawali, Advocate for petitioner.

.....

CORAM: T.V. NALAWADE, J.

DATE: 14.09.2016 ORDER :

1] The order is made below Exhibit 5 filed in Regular Civil Suit No.152/2013, which is pending in the Court of Civil Judge (J.D.), Shrigonda. The application was filed for appointment of Court Commissioner / Cadestral Surveyor to take the measurement of the land of the plaintiff and this application is rejected.

2] The submissions made by the learned counsel for the petitioner show that the suit is filed for relief of injunction. The plaintiff is feeling that the defendants have caused damage to the common Bandh and they have made

WP 9522/16 - 2 - some encroachment.

The learned counsel for the petitioner submitted that this act was subsequently done to the date of filing of the suit.

3] The learned counsel for the petitioner made a statement that the plaintiff would make necessary amendment in the plaint in view of the development and then he may file application for appointment of Court Commissioner.

4] In view of aforesaid statement by the learned counsel for the petitioner, with the said liberty, the petition is disposed of as dismissed.

(T.V. NALAWADE, J.) ndk/c1491616.doc