Dilip Vishanu Sonamale And ANR v. Mahadev Dagadu Sonamale And ANR

DSS 922-wp-3498-15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3498 OF 2015 Dilip V. Sonamale and anr.

.. Petitioners vs.

Mahadev D. Sonamale and anr.

.. Respondents Mr. V.R. Gaikwad for the Petitioners.

CORAM :

M. S. SONAK, J.

DATE : 7 April, 2015.

P.C. :­ 1] There is no jurisdictional error in the impugned order which rejects the petitioners' application for appointment of the Commissioner.

2] The impugned order correctly records that the purpose for appointment of the Commissioner is not to collect evidence for any parties to the suit. The rejection of such application, however, shall obviously not come in the way of the petitioners appointing their own expert witness­surveyor and examining him in the course of trial of the suit.

3] Suffice to note that there is no jurisdictional error in making the impugned order for appointment of the Commissioner in the facts and circumstances of the present case.

4] This petition is, accordingly, dismissed. There shall be no order as to costs.

(M. S. SONAK, J.) 1/1