Papalala Babu Jadhav And Another v. Kamalbai Ramlal Rathod And Others

31-wp8519.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 8519 OF 2024 Papalala Babu Jadhav And Another

VERSUS

Kamalbai Ramlal Rathod And Others ---- None present for petitioners Mr.U.S.Patil, Advocate for respondents nos.1 to 4 ---- CORAM : AJIT B. KADETHANKAR, J.

DATE : MARCH 11, 2026 ORDER :- In the suit, the plaintiffs have closed their evidence and the defendants have tendered their affidavit. At this juncture, an application under 26 of the C.P.C. came to be filed by the plaintiffs seeking appointment of Court Commissioner to ascertain as to whether the disputed road exist or not. The said application has been turned down by learned trial court vide order dated 29.11.2023. The Writ Petition is filed on 02.07.2024 i.e. at least, eight months after passing of the impugned order.

2.

Learned counsel for the respondents/defendants submits that their evidence in the suit is part heard.

31-wp8519.2024 3.

When the matter is called out, none appears for the petitioners.

4.

Stand over to 12.03.2026 for dismissal.

[AJIT B. KADETHANKAR, J.] ...........

KBP