Jayant Waman Barve v. Pravin Shivaji Jagtap

18-wp-3016-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3016 OF 2025 Jayant Waman Barve and Others

...Petitioners

vs.

Pravin Shivaji Jagtap and Others

...Respondents

VISHAL SUBHASH PAREKAR VISHAL SUBHASH PAREKAR Date: 2025.03.07 17:12:33 +0530 Mr. Girish Godbole, Senior Advocate a/w. Mr. Pradeep Salgar and Ms. Niharika Chandurkar, for the Petitioners. CORAM :

N. J. JAMADAR, J.

DATE :

MARCH 06, 2025 P.C:

1.

Heard the learned counsel for the petitioners. 2.

An arguable question as to whether the Court could have declined to appoint the Court Commissioner, where the defendants had contested the claim of the petitioner regarding the situation at site over a particular portion of the suit property, whilst admitting the position as regards the rest of the portion, arises for consideration.

3.

Issue notice to the respondents for final disposal returnable 15th April, 2025.

4.

In addition to notice through Court, the petitioners are at liberty to serve the respondents by private service and file affidavit of service.

(N. J. JAMADAR, J.) Vishal Parekar, PS ...1