Milind S/O Rupdash Janbandhu v. Mitaramdas S/O Motiram Thakre And Another

1 wp500.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 500/2019 Milind S/o Rupdash Janbandhu ..VS..

Mitaramdas S/o Motiram Thakre & anr.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri V.D. Muley, Advocate for the petitioner CORAM : Z.A.HAQ, J.

DATED : 01/02/2019 Heard.

The original defendant no. 1 has challenged the order passed by the trial Court by which the application (Exh. 42) filed by the respondent no. 1 under Order 26 Rule 9 of the Code of Civil Procedure, is allowed. The learned trial Judge has appointed a Court Commissioner to carry out the joint measurement of Plot Nos. 46 and 17. The contention of the petitioner - defendant no. 1 is that the plaintiff has sought appointment of the Court Commissioner only to collect evidence.

The learned trial Judge has dealt with the relevant aspects in para nos. 5 and 6 of the impugned order. It is recorded that looking to the nature of dispute, the Commissioner's report would assist the Court in deciding the issue/issues more effectively.

2 wp500.19 After going through the impugned order and hearing the learned advocate for the petitioner, I find that the learned trial Judge has neither committed any illegality nor has exceeded his jurisdiction by appointing the Court Commissioner.

I see no reason to interfere with the impugned order.

The writ petition is dismissed. No costs.

JUDGE Ansari