Navnath Bhagwan Bagal v. Dharma Krishna Dhage And ORS.

(4) WP-906-2018.doc BDP-SPS Bharat D.

Pandit

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 906 OF 2018 by Bharat D.

Pandit Date:

2021.02.18 12:32:37 +0530 Navnath Bhagwan Bagal .... Petitioner.

V/s Dharma Krishna Dhage & Ors.

.... Respondents.

---- Mr. Prasad P. Kulkarni for the Petitioner.

Mr. Amitkumar D. Sale for the Respondents.

----- CORAM: NITIN W. SAMBRE, J.

DATE: FEBRUARY 16, 2021 P.C.:- 1] In a suit for possession and mesne profit, below Exhibit-47 an application for appointment of Commissioner was moved. The order impugned came to be passed thereby rejecting the prayer. Of-course, it can be ascertained from the submissions of the learned Counsel for the Petitioner that in the suit recording of evidence is yet to commence. 2] In that view of the matter, no illegality could be noticed in the impugned order. Petition as such stands dismissed. However, this will not preclude the Petitioner from moving a fresh application after recording of evidence has commenced.

( NITIN W. SAMBRE, J. ) 1/1