Laxmikant Vithoba Mahajan v. The Village Development Officer Jalgaon And Others

*1* 17wp610o18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 610 OF 2018 LAXMIKANT VITHOBA MAHAJAN

VERSUS

THE VILLAGE DEVELOPMENT OFFICER JALGAON AND OTHERS ...

Advocate for the Petitioner : Shri Latange V.P.. ...

CORAM: RAVINDRA V. GHUGE, J.

DATE :- 05th February, 2018 Per Court:

This matter is heard for sometime.

The learned Advocate for the Petitioner submits, on instructions from the Petitioner, that the Petitioner desires to withdraw this petition so as to be able to prefer an application for appointment of a Court Commissioner after the recording of oral evidence. Considering the above, this Writ Petition is disposed of as withdrawn.

Needless to state, this Court has consistently held in various judgments that in view of the provisions of Section 75 r/w Order 26 Rule 9 of the Code of Civil Procedure, a Court Commissioner can be appointed after the recording of oral evidence. As such, in this case, in the event any of the litigating side files an application for appointment of a Court

*2* 17wp610o18 Commissioner after the recording of oral evidence, the Trial Court would consider the same on it's own merits and in accordance with law without being influenced by it's observations in the impugned order dated 17.11.2017.

kps (RAVINDRA V. GHUGE, J.)