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Bombay High CourtWP/7829/2018disposed off

Shaikh Rashid Shaikh Mohammad v. Shaikh Irfan Shaikh Husen

2021-12-07Hon'Ble Shri Justice N. B. Suryawanshi1 pages

930-WP-7829-18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 7829 OF 2018 SHAIKH RASHID SHAIKH MOHAMMAD

VERSUS

SHAIKH IRFAN SHAIKH HUSEN ...

Advocate for Petitioner : Mr. Madhav M. Bhokarikar Advocate for Respondents No.1 to 4 : Mr. G. D. Jain holding for Mr. Atmaraj J. Patil ...

CORAM :

NITIN B. SURYAWANSHI, J.

DATE :

07-12-2021 PER COURT :- It is not in dispute that this petition is covered by the order dated 8th August, 2019, passed in Writ Petition No. 7830 of 2018. In similar situation, in aforesaid writ petition, this Court, in paragraph No. 3, has observed thus :- "3.

I see no reason to interfere with the order of trial Court. However, after recording of the evidence is complete and if so advised, the plaintiff may make an application for appointment of Court Commissioner, which may be considered by the trial Court on its own merits."

2.

The present writ petition is disposed of in terms of order dated 8th August, 2019, passed in writ petition No. 7830 of 2018.

( NITIN B. SURYAWANSHI ) JUDGE rrd