This writ petition challenged the Civil Judge's appointment of a Court Commissioner under Order 26, Rule 9 CPC. The bench held that the appointment was proper and no case for interference existed, dismissing the petition.
The Writ Petition is dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
35.wp.2040.13.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 2040 OF 2013
-Versus-
Mr.Satyajeet A.Rajeshirke, Advocate for the Petitioners.
CORAM : R.M. SAVANT, J. DATE : 25TH MARCH 2013
P.C.
by which order the T.I.L.R., Islampur-Walwa was appointed as the Court Commissioner. The said appointment was at the behest of the third party intervenors who are concerned with the temple of Yellamadevi.
S.K.Talekar
to be devotees of Yellamadevi. The concern of the said third parties is that the suit property ‘C’ is an access which is used to bring the Palakhi of the Godess to the temple. The Trial Court to ascertain the factual situation has therefore appointed the T.I.L.R. as the Court Commissioner to go on site and report as to the actual position on site. It is required to be noted that a rough sketch has already been placed on record by the Plaintiff-Trust.
3 In the facts and the circumstances of the present case the appointment of the Court Commissioner by having recourse to Order 26, Rule 9 of the Civil Procedure Code cannot be faulted with. No case for interference is made out.
The Writ Petition is accordingly dismissed.
1 issue framed by the court
Whether the appointment of the Court Commissioner by the trial court under Order 26, Rule 9 of the CPC is maintainable and subject to writ jurisdiction.
1 provisions across 1 enactments
Shri Vasant Dhondi Salunkhe & Anr.
Yellamadevi Trust Islampur Through Chairman Shri Bhagwanrao Chandra Koshi & Ors.
R.M. Savant
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
