Bombay High CourtWP/2271/2015dismissedrule discharged

Sharad S/O Shivaji Chamade v. Mukund S/O Mahadeo Padade

2015-04-28Hon'Ble Shri Justice Ravi K. Deshpande1 pages

1 wp2271.15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.2271 OF 2015 (SHARAD SHIVAJI CHAMADE..VS..MUKUND MAHADEO PADADE) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr.Piyush Pendke, Advocate for Petitioner.

CORAM : R.K.DESHPANDE, J.

DATED : APRIL 28, 2015.

The order passed by the trial Court appointing Court Commissioner is interlocutory in nature and does not call for any interference at this stage.

The learned counsel submits that the plaintiff cannot rely upon the report of the Commissioner for the reason that he has filed suit on the basis of measurement which was already carried out. Such inconsistency can be pointed out to the trial Court at the time of final hearing of the matter. The petitioner is at liberty to also cross-examine the Court Commissioner in accordance with law. All these questions can be dealt with by the trial Court while deciding the matter. The questions are left open to be agitated in the appeal if any such occasion arises. The writ petition is dismissed. No costs.

JUDGE RRaut..