Ganesh Tukaram Pawar v. Sarpanch Kapil Grampanchayat

Dusane 1/2 18 WP 4913.2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4913 OF 2021 Ganesh Tukaram Pawar ....

Petitioner Vs.

Sarpanch, Kapil Grampanchayat ....

Respondent Tal. Karad, District Satara Mr. Kalpesh U. Patil for Petitioner.

Coram : NITIN W. SAMBRE, J.

Date : 1st SEPTEMBER, 2021 P.C.:

1.

The impugned in the petition is an order passed under Order XXVI of Code of Civil procedure appointing Court Commissioner in a suit preferred by the Petitioner for injunction. 2.

The submissions are the appointment of Court Commissioner at the behest of Respondent-Defendant is with an intent to collect the evidence.

Dusane 2/2 18 WP 4913.2021.doc 3.

The rival pleadings of the parties are, the width of road as according to the Plaintiff is 8 feet and as per the Defendant it is 33 feet. 4.

In this backdrop, in my opinion, the order impugned appointing Court Commissioner is very much justified. No illegality is noticed in the order impugned. The Petition stands dismissed. ( NITIN W. SAMBRE, J.)