Pundlik S/O Vithobaji Bire v. Sunanda Uttam Gakhare And Another

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Writ Petition No.8120/2019 Pundlik V Sunanda and another ************************************************************************************* Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

************************************************************************************* Mrs Pallavi Mahashabde, Adv for petitioner.

Mr. P.P. Kothari, Adv for resp. no.1.

Mr. S.I. Ghatte, Adv for resp. no.2.

CORAM : AVINASH G GHAROTE, J.

DATE : 13-02-2023 The petition challenges the order below Exh-35 by which the objection raised by the petitioner/claimant to the measurement map Exh- 33 has been postponed to the final decision of the suit and the order below Exh-36 which is an application by the plaintiff to examine the Commissioner and the Surveyor. Insofar as Exh-36 is concerned, it is an admitted position on record that the person who had prepared the map at Exh- 33, Mr. Ghatte, has already been examined the petitioner as PW 3, therefore the question, to again examine him, does not arise at all. The rejection is confirmed.

2.

Insofar as Exh-35 is concerned, it would be appropriate, if the objections to the

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3.

Petition is party allowed in above terms.

No costs.

JUDGE Jalit/Deshmukh