Pandharinath Shivram Sawant Since Decd Legal Heirs v. Shri Ramchandra Krushna Ghatkar

2-wp-16293-2023.doc Shabnoor

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.16293 OF 2023 Pandharinath Shivram Sawant, (Since Deceased) through Legal Heirs ... Petitioners V/s.

Ramchandra Krushna Ghatkar ... Respondent Digitally signed by SHABNOOR AYUB PATHAN Date:

2024.09.06 18:16:56 +0530 SHABNOOR AYUB PATHAN Mr. Sandesh Deshpande for petitioner.

CORAM

: AMIT BORKAR, J.

DATED : SEPTEMBER 6, 2024 P.C.:

1.

By the impugned order, the Trial Court has rejected an application for appointment of the Court Commissioner in the suit for permanent injunction restraining the defendant from disturbing the petitioners' possession over the suit property. 2.

The parameters of appointment of the Court Commissioner in the civil suit are well settled. In absence of dispute in relation to encroachment or boundary dispute, rejection of the application by the Trial Court need not be interfered with.

3.

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