Sou. Ujwala Vitthalrao Mane v. Shri. Chandrakant Maruti Khandait And ANR

40-wp-4085-2017.doc Shabnoor

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4085 OF 2017 Ujwala Vitthalrao Mane ... Petitioner V/s.

Chandrakant Maruti Khandait & Anr.

... Respondents SHABNOOR AYUB PATHAN SHABNOOR AYUB PATHAN Date: 2024.11.14 15:07:51 +0530 None for the petitioner.

CORAM

: AMIT BORKAR, J.

DATED : NOVEMBER 14, 2024 P.C.:

1.

By the impugned order, an application seeking prayer to examine the Court Commissioner before the decision on an application under Order 39, Rule 1 of the Code of Civil Procedure, 1908 has been rejected. 2.

Considering the nature of inquiry contemplated under Order 39, Rule 1 of the Code of Civil Procedure, 1908, having been based on affidavit or otherwise, the Trial Court was justified in rejecting the application; hence, no interference in the impugned order is called for. 3.

The writ petition is, therefore, dismissed. No costs. (AMIT BORKAR, J.)