Shri. Sanjay Govind Gavkar And ORS v. Smt. Yogita Anil Vibhute And ORS

18-wp-9082-2022.doc Shabnoor

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9082 OF 2022 Sanjay Govind Gavkar & Ors.

... Petitioners V/s.

Yogita Anil Vibhute & Ors.

... Respondents Digitally signed by SHABNOOR AYUB PATHAN Date:

2025.01.09 18:02:05 +0530 SHABNOOR AYUB PATHAN Ms. Nikita Kamble h/f Mr. Suresh Madhukar Kamble for petitioners.

CORAM

: AMIT BORKAR, J.

DATED : JANUARY 9, 2025 P.C.:

1.

The petitioner is challenging an order passed by the Trial Court rejecting petitioners' application for appointment of the Court Commissioner in exercise of power under Order 26, Rule 9 of the Code of Civil Procedure, 1908.

2.

On perusal of the plaint, it appears that, no case regarding either encroachment or boundary dispute has been made out by the petitioners; therefore, the Trial Court has justified in rejecting the application. Hence, no interference is called for, the writ petition stands dismissed.

(AMIT BORKAR, J.)