Shivaji S/O Maroti Deokar And Others v. Badrinath S/O Bhagwan Deokar And Others

1 wp 4737.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Writ Petition No.4737/2025 Shivaji and others V Badrinath and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---------------------------- Mr. B. Mohta, Advocate for petitioners.

CORAM : PRAFULLA S. KHUBALKAR , J.

DATE : 20-08-2025.

Heard Advocate Mr. Mohta, learned Advocate for the petitioner.

2.

The challenge is to order passed by the trial Court allowing the application under Order 26 Rule 9 of the Code of Civil Procedure for appointment of Court Commissioner. Learned Counsel for the petitioner submits that the application was filed by the plaintiff even before any evidence was led and the application is an attempt to collect evidence 3.

Issue notice to the respondents, returnable after four weeks 4.

Petitioner is permitted to file an application for adjournment before the trial Court. In case such application is submitted, the trial Court should consider it favourably. (Prafulla S. Khubalkar , J.

) Deshmukh Signed by: Mr. S.Deshmukh Designation: PS To Honourable Judge Date: 20/08/2025 16:56:43