The court dismissed a writ petition challenging the trial court's premature rejection of an application for appointment of a Court Commissioner in a suit for simplicitor injunction, holding that the stage was inappropriate for such appointment at that time.
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1 wp 134.13
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
WRIT PETITION NO. 134 OF 2013
Hanumant Bausaheb Shinde .. Petitioner
Versus
Dilip Nanasaheb Shinde and others .. Respondents
Shri Aniruddha A. Nimbalkar, Advocate for the Petitioner.
CORAM : S. V. GANGAPURWALA, J. DATE : 15TH JANUARY, 2013.
PER COURT :
. The petitioner is the original defendant No. 2. The respondents/plaintiffs had filed suit for simplicitor injunction. The petitioner filed an application for appointment of Court Commissioner. The same is rejected. Aggrieved thereby present writ petition.
2 wp 134.13
person will visit the site and bring on record the exact position existing on the suit site. According to the learned counsel, the application was not given for collection of evidence, but for bringing on record real state of affairs existing on the suit site and the same would assist the Court in coming to a just conclusion. It would elucidate the matter in controversy.
3 wp 134.13
[ S. V. GANGAPURWALA, J. ]
bsb/Jan. 13
1 issue framed by the court
Whether the writ petition challenging the rejection of application for appointment of Court Commissioner deserves to be entertained.
Hanumant Bausheb Shinde
Dilip Nanasaheb Shinde and others
S. V. Gangapurwala
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
