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Bombay High CourtWP/13469/2017disposed offdismissed for default

Balu Nivrutti Shinde And Others v. Bansi Kisan Gaikwad

2017-11-20Hon'Ble Shri Justice V.K. Jadhav1 pages

wp13469.17 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 13469 OF 2017 BALU NIVRUTTI SHINDE AND OTHERS

VERSUS

BANSI KISAN GAIKWAD ...

Advocate for Petitioners : Mr. Bora Satyajit S. .....

CORAM : V. K. JADHAV, J.

DATED : 20th NOVEMBER, 2017 PER COURT:- 1.

Heard.

2.

I do not find any substance in this writ petition. The petitioners plaintiffs have instituted a suit simplicitor for perpetual injunction wherein they have filed an application Exh.39 for appointment of Court Commissioner. The trial court has rightly rejected the application with observation that this would be tantamount for collecting the evidence regarding possession/construction over the suit property. 3.

I view of above, I do not find any fault in the impugned order. There is no merit in the writ petition. Writ petition therefore, is hereby dismissed. ( V. K. JADHAV, J.) rlj/