Vidya Nagnath Bhosale And Others v. Vaijinath Vasant Bhosale

21-WP-11157-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11157 OF 2025 Vidya Nagnath Bhosale & Ors.

.....Petitioners Vs.

Vaijinath Vasant Bhosale .....Respondent Mr. Rishikesh Mohite with Ms. Snehal Mohite, for the Petitioners. CORAM : S. G. CHAPALGAONKAR, J.

DATED : 11th SEPTEMBER 2025 P.C.:- 1.

Heard learned counsel appearing for the Petitioners. 2.

The order of appointment of Court Commissioner in exercise of power conferred Order XXVI Rule 9 of Civil Procedure Code is challenged in this Writ Petition on the ground that such appointment of Court Commissioner is attempt to collection of evidence, which is not permissible under law. 3.

In that view of the matter, issue notice to Respondent returnable on 9th October 2025.

4.

Till then, there shall be ad-interim relief in terms of payer clause (b).

(S. G. CHAPALGAONKAR, J.) Suresh 1/1