Ramkisan Babu Hinge And Others v. Devidas Sakharamji Thite And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.296 OF 2016 (Ramkisan s/o Babu Hinge and others Vs. Devidas s/o Sakharamji Thite and others) Mr.R.S.Sarvadnya, Advocate for the petitioners. Mr.P.N.Kalani, Advocate for respondent Nos.1 to 6. ( CORAM : Ravindra V.Ghuge, J.) DATE : 08/02/2019 PER COURT :

1.

Heard the learned Advocate for the petitioners. He has strenuously criticized the impugned order and draws my attention to the grounds formulated in the memo of the petition. 2.

Learned Advocate for the respondents submits that there was a Court Commissioner appointed earlier by order dated 26/03/2014 below Exh.93. Such an exercise was carried out by the Court Commissioner who submitted his report below Exh.116. The Court Commissioner was examined.

3.

Considering the above, the Trial Court has rightly rejected application Exh.125 filed by the petitioner/defendant seeking appointment of a second Court Commissioner. I do not find that the khs/FEB.2019/296-d

- 2 - impugned order could be termed as being perverse or erroneous. This petition, being devoid of merit, is therefore dismissed. ( Ravindra V.Ghuge, J.) khs/FEB.2019/296-d