Gangadhar S/O Shravan Madavi v. Maroti Bhima Kanake

2024:BHC-NAG:347 1wp14-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Writ Petition No.14 of 2024 GANGADHAR S/O SHRAVAN MADAVI VS MAROTI BHIMA KANAKE Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Ms Anuprita Mishtikotkar, Advocate for the Petitioner/s CORAM : ANIL S. KILOR, J.

DATED : 10.01.2024 1.

Heard.

2.

This writ petition takes an exception to the order below Exh.67 dated 05.04.2023 passed by the Civil Judge Junior Division, Maregaon, in Regular Civil Suit No.04 of 2015, rejecting the application for appointment of Court Commissioner.

3.

The application for appointment of Court Commissioner came to be rejected vide impugned order on the ground that the land was already measured by the TILR and he has submitted his report and both the parties examined the Commissioner. The learned counsel for the petitioner submits that the said report is not acceptable and therefore, re-measurement was sought. 4.

Nothing has been pointed out from the cross examination or from the oral evidence of the Commissioner to the effect that the report was challenged by the petitioner. In the circumstances, as nothing has been pointed out that any challenge is raised to the Correctness of the measurement carried out by him, the writ petition is dismissed.

[ANIL S. KILOR, J.] nd.thawre