This writ petition considers the remedy available to the petitioner after their application for appointment of a Court Commissioner was rejected, holding that they can apply afresh if disputes persist.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
Writ Petition No 4582 of 2007
Sou.Manisha Mukund Suryawanshi ..Petitioner
vs.
Shri Namdeo Dnyanu Kharade
and others ..Respondents
Shri S.M.Mirajkar for petitioner.
Shri N.J.Patil for respondents.
CORAM: S.C.DHARMADHIARI J.
11th December, 2007
P.C.
1. This application for appointment of the
Court Commissioner having been rejected does not
mean that the petitioner/plaintiff is without
any remedy. In the light of the observations
made by the learned Judge in the impugned order
if all sale deeds are proved and duly exhibited
so also the revenue entries, then, the issue as
framed necessitates any inspection of the
property or ascertainment of the exact area or
not are the matters which must be decided by the
Trial Court and if there is still any dispute at
that stage the petitioner will be at liberty to
apply for appointment of the Court Commissioner
or such other reliefs as are permissible in law.
Needless to state that the fact that the
application was earlier made and it has been
rejected will not prevent the petitioner from so
applying afresh and such application must be
decided on the basis of the available material
on record and uninfluenced by earlier order.
Petition is disposed of.
(S.C.DHARMADHIKARI J.)
1 issue framed by the court
Whether rejection of application for appointment of Court Commissioner deprives the petitioner of remedy?
Sou. Manisha Mukund Suryawanshi
Shri Namdeo Dnyanu Kharade
S.C. Dharmadhari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court