Gajanan Chirkuta Ramteke v. Prakash Balaji Lonare And Others

wp5155.23.O.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO.5155 OF 2023 (Gajanan Chirkuta Ramteke Vs. Prakash Balaji Lonare and others) ------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

------------------------------------------------------------------------------------------------------------------------------------- Mr. A. A. Dhawas, Advocate for Petitioner.

CORAM: ANIL S KILOR , J.

DATE: 11 th AUGUST, .

The application for appointment of Commissioner came to be rejected vide impugned order dated 11.01.2023 on the ground that the suit is not for removal of encroachment whereas it is for prohibiting the defendant from carrying out any illegal construction. 2.

After going through the application, it is evident that the petitioner is seeking appointment of Commissioner to determine the issue of encroachment. As observed herein-above, the suit is not for removal of encroachment and there is no issue in respect of encroachment involved in the said suit. In the circumstances, I do not find any merit in the present case as the learned Trial Court has rightly rejected the application on the above referred ground. The writ petition is dismissed.

(ANIL S. KILOR, J) NSN SHIVNARAYAN NIKHARE