Prabhu Lokdoba Lohakare And Others v. Pandurang Dhondiba Ingle And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 3108 OF 2018 PRABHU LOKDOBA LOHAKARE AND OTHERS

VERSUS

PANDURANG DHONDIBA INGLE AND OTHERS ...

Advocate for the Petitioners : Shri Bilolikar Upendra B.. ...

CORAM: RAVINDRA V. GHUGE, J.

DATE :- 27th March, 2018 Per Court:

The Petitioners are aggrieved by the order dated 13.11.2017 by which, the Trial Court has rejected the application Exhibit-35 seeking the appointment of a Court Commissioner on two grounds. Firstly that, the application is premature and secondly that, the Petitioners desire to collect evidence.

It appears from the record that RCS No.14/2014 is at the stage of framing of issues. The recording of evidence has still not commenced.

This Court, in a series of orders as in Gangaram Baban Tagad and others vs. Sarubai Yashwant Tagad and others, Writ Petition No.6700/2011 decided on 12.06.2013 (Coram : Justice S.VGangapurwala, J.), has held that the Court Commissioner is normally not to be appointed

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Considering the above, this Writ Petition is disposed of. It is, however, made clear that after the recording of oral evidence, in the event any of the litigating sides desire to seek the appointment of a Court Commissioner, the Trial Court would consider such application on it's own merits and the observations in the impugned order dated 13.11.2017 would not influence the Trial Court while deciding the said application.

kps (RAVINDRA V. GHUGE, J.)