Sumitrabai Narayanrao Kharode And 6 Others v. Purushottam Vishwanath Kharode

2303wp1495.15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Writ Petition No.1495 of 2015 (Smt. Sumitrabai Narayanrao Kharode and others v. Shri Purushottam Vishwanath Kharode) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri N.R. Saboo, Advocate for Petitioners.

Coram : R.K. Deshpande, J.

Dated : 23 rd March, 2015 The order impugned in this petition is passed below Exhibit 45 in Regular Civil Suit No.02 of 2013. The application under Order XXVI, Rule 9 of the Civil Procedure Code for appointment of Court Commissioner has been rejected. The Court is proceeding to decide the preliminary issue nos.3(A) and 3(B). The filing of such application at such time is merely to protract the litigation.

No interference is called for in the impugned order. The petition is dismissed.

The impugned order shall not come in the way of the Trial Court to appoint the Court Commissioner at any subsequent point of time.

Judge.

Lanjewar