Syed Mohammad Ali Syed Yusuf Ali v. Shaikh Shahed Shaikh Bapuji And Others

2025:BHC-AUG:32645 13933.25WP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 21 WRIT PETITION NO. 13933 OF 2025 SYED MOHAMMAD ALI SYED YUSUF ALI

VERSUS

SHAIKH SHAHED SHAIKH BAPUJI AND OTHERS ...

Advocate for the Petitioner : Mr.Shaikh Kayyum Najir ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 24.11.2025 P.C. :

1] By the present writ petition, the petitioner challenges the order dated 08.10.2025 passed by the Civil Judge Senior Division, Aurangabad in RCS No.11/2024 below Exh.23 whereby the application of the petitioner for appointment of Court Commissioner is rejected. 2] While passing the impugned order, the trial Court has observed that the plaintiff has not adduced his oral evidence till today. It is further observed that it is a settled position of law that a court commissioner normally should not be appointed until the recording of oral evidence

13933.25WP is concluded. Thus, it is not a stage to assess as to whether a court commissioner is required to be appointed or not. Considering the observations of the trial Court, the petitioner can apply for appointment of the Court Commissioner at appropriate stage.

3] With the above observations, the Writ Petition is dismissed.

[ARUN R. PEDNEKER] JUDGE DDC