Sanjay Manikrao Mule And Others v. Shivriyya Vithalrao Yadapalle And Others

919-WP-12512-23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.12512 OF 2023 Sanjay S/o Manirao Mule and others .... Petitioners

Versus

Shivriyya S/o Vithalrao Yadapalle and others .... Respondents ......

Ms. S.G. Chincholkar, Advocate for Petitioners ......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 10th OCTOBER , 2023 ORDER :

1.

Application filed by petitioners/plaintiffs for appointment of Court Commissioner is rejected by the Trial Court.

2.

Admittedly, application for appointment of Court Commissioner is filed at a premature stage. Issues are yet to be framed. In this view of the matter, this Court is not inclined to interfere in the order impugned in the present petition. 3.

In the result, writ petition is dismissed.

4.

Petitioners are at liberty to file application for appointment of Court Commissioner after conclusion of

919-WP-12512-23 recording of evidence in the suit. If such application is filed at that stage, the same shall be considered by the Trial Court on its own merits without being influenced by the order impugned in the present petition.

[ NITIN B. SURYAWANSHI ] JUDGE S.P. Rane