Disposed

Sumanbai Wamanrao Patil through Her Power of Att Wamanrao Yashwantrao Patil v. Vasant Shripati Kumthe and Ors.

Bombay HC2 Dec 2011WP/2494/2011

Case brief

AI extract

What is this about?

In this writ petition, the High Court of Bombay (Bench at Aurangabad) disposed of a petition challenging the trial court's rejection of an application for appointment of a Court Commissioner. While declining to address merits, the court observed the plaintiff's entitlement to lead oral evidence.

What the court decided

AI extract

Sumanbai Wamanrao Patil through Her Power of… — Civil Procedure and Limitation | Bombay HC (2011)

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wp2494.11

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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BENCH AT AURANGABAD

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 WRIT PETITION NO.2494 OF 2011

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Sou. Sumanbai W/o Wamanrao Patil,
R/o-Baspur, Tq-Nilanga, Dist-Latur,
Through her power of Attorney:
Shri. Wamanrao S/o Yashwantrao Patil,
R/o-Baspur, Tq-Nilanga, Dist-Latur.

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...PETITIONER.

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 VERSUS

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1) Vasant S/o Shripati Kumthe,
 R/o-Baspur, Tq-Nilanga,
 Dist-Latur,

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 and others.

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...RESPONDENTS.

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...

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 Shri.S.S. Choudhari Advocate for Petitioner.
 Shri.R.V. Gore Advocate for Respondents.
 ...

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CORAM: NARESH H. PATIL, J.

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 DATE : 2ND DECEMBER, 2011.

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PER COURT :

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1.Heard learned counsel for the parties.

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2.The Petitioner - plaintiff filed suit for
perpetual injunction being Regular Civil Suit No.
152 of 2008. The Petitioner - plaintiff filed
application for appointment of Court Commissioner,
which came to be rejected by the trial Court by
order dated 16th December, 2010. The said order is
impugned herein.

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3.Shri. Choudhari, learned counsel for the

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Petitioner submits that in the facts of the case,
appointment of Court Commissioner is necessary at
this stage.

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Respondents supported the order passed by the
trial Court and submitted that appointment of
Court Commissioner, at this stage, would amount to
collection of evidence.

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5. Without addressing the issues on merits,

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I observe that the plaintiff would be entitled to

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lead oral evidence and an appropriate stage, she

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is entitled to file application for appointment of
Court Commissioner. In case the trial Court is
convinced and satisfied that appointment of Court
Commissioner is necessary, the trial Court would

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deal with the issue in accordance with law. With
these observations, the Writ Petition is disposed
of.

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 [NARESH H. PATIL, J.]

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asb/DEC11

Sumanbai Wamanrao Patil through Her Power of Att Wamanrao Yashwantrao Patil v. Vasant Shripati Kumthe and Ors.

Case brief

What is this about?

What the court decided

Sumanbai Wamanrao Patil through Her Power of Att Wamanrao Yashwantrao Patil v. Vasant Shripati Kumthe and Ors.

Case brief

What is this about?

What the court decided

A compact analysis

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