Smt. Nandadevi Tanajirao Ghadge v. Shri.Srirang Shankarrao Shinde And ORS.

WP-10183-14.doc 03.07.2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10183 OF 2014 Smt. Nandadevi Tanajirao Ghadge .. Petitioner

Versus

Shri. Srirang Shankarrao Shinde and others .. Respondents Ms. Nikita Trivedi, for the Petitioner.

None for the Respondents.

CORAM : R.M. SAVANT, J.

DATE : 3rd JULY, 2015 P.C.

1.

The Writ Jurisdiction of this Court is invoked against the order dated 21.07.2014 passed by the Learned Joint Civil Judge, Junior Division Patan, by which order the application Exh.217 seeking the no objection of the said Court for the TILR, Patan to carry out measurement of the suit property as per the order of the Collector, Satara and Sub Divisional Office, Karad, came to be rejected is taken exception to by way of the above Petition. The said rejection is on the ground that earlier the application filed by the Petitioner for appointment of the Court Commissioner has been rejected. Since the said application was filed invoking Section 151 of the Civil Procedure Code, the Trial Court was of the view that such a direction could not be issued under Section 151 of BGP.

WP-10183-14.doc 03.07.2015 the CPC and accordingly rejected the said application. In my view, having regard to the reasons mentioned in the impugned order, no case for interference in the Writ Jurisdiction of this Court is made out. The Writ Petition is accordingly dismissed.

[R.M. SAVANT, J] BGP.