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Bombay High CourtWP/9734/2024disposed off

Ajij Yakub Sayyad Through Gpa Shabana Ajij Sayyad v. Roshan Yakub Sayyad And Others

2024-09-06Hon'Ble Shri Justice Arun R. Pedneker2 pages

2024:BHC-AUG:21260

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 928 WRIT PETITION NO. 9734 OF 2024 AJIJ YAKUB SAYYAD THROUGH GPA SHABANA AJIJ SAYYAD

VERSUS

ROSHAN YAKUB SAYYAD & OTHERS ...

Advocate for the petitioner : Mr.A.B.Chormal ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 06.09.2024 P.C. :

1] The petitioner filed an application below Exh.36 for appointment of Court Commissioner in RCS No.58/2017 and the same is rejected by the Civil Judge Junior Division, by order dated 12.09.2023.

2] Since the petitioner - plaintiff is yet to lead the evidence in the matter, I do not see any error in the impugned order.

3] However, liberty is granted to the petitioner to file application after leading evidence in the matter. If such an application is filed by the petitioner, the trial Court to consider the same in accordance with law.

4] With the above observations, the Writ Petition is disposed of.

[ARUN R. PEDNEKER] JUDGE DDC