Babasaheb Baburao Kotkar v. Sonyabapu Lahanu Kotkar And Others

2024:BHC-AUG:24253

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 13 WRIT PETITION NO. 9692 OF 2024 BABASAHEB BABURAO KOTKAR

VERSUS

SONYABAPU LAHANU KOTKAR AND OTHERS ...

Advocate for the Petitioner : Mr. Gandhi Amol Subhash ...

CORAM

: ARUN R. PEDNEKER, J.

Dated : October 07, 2024 PER COURT :- 1.

Heard.

2.

By the present writ petition, the petitioner challenges the order dated 14.7.2023 below Exh. 9 in Regular Civil Suit No. 454/2021 whereby the application filed for appointment of Court Commissioner is rejected by the learned 4th Jt. Civil Judge, Senior Division, Ahmednagar on the grounds that the plaintiff has vaguely described the suit property and the application is at preliminary stage.

3.

Considering the above, I see no error in the order passed by the learned Trial Court. The writ petition is dismissed. However, liberty is reserved to the petitioner to move appropriate application for appointment of Court Commissioner after leading the evidence by both the parties. If such an application is filed, the Trial Court may decide the same in accordance with law.

( ARUN R. PEDNEKER, J. ) ssc/