Challenge to an order allowing appointment of a Court Commissioner before deciding an application for temporary injunction. The Court held that such appointment, if found expedient for local investigation regarding the nature of dispute, is not liable to interference in writ jurisdiction.
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2024:BHC-NAG:6208
13-wp-1016-24.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH: NAGPUR WRIT PETITION NO. 1016 OF 2024
CIVIL APPLICATION NO. 1187 of 2024
...Petitioners
Mr. P.A. Deshpande for the Petitioners. Mr. A.R. Deshpande for Respondent Nos.1 to 10 and 12 to 14. Mr. C.A. Lokhande, AGP for the Respondent/State.
CORAM : N. R. BORKAR, J. DATE : 18 JUNE 2024.
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Dinesh S. Sherla
13-wp-1016-24.doc
PC:-
1 Writ Petition NO. 9973 of 2021 decided on 30.08.2022.
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Dinesh S. Sherla
13-wp-1016-24.doc
there exist no approach /access road through the suit property as claimed by the respondents/defendants. It is submitted that considering the nature of dispute between the parties, the trial Court was justified in entertaining the application for appointment of Court Commissioner before deciding the application for temporary injunction. It is submitted that the same is permissible and in support of it, the learned counsel has relied upon the judgment of this Court in Mayuresh S. Sonawane vs. Yashwant B. Bhoir2 .
2 2022 (2) ABR 246
Dinesh S. Sherla
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Signed by: DINESH SHERLA Designation: PS To Honourable Judge Date: 19/06/2024 17:22:21
1 issue framed by the court
Whether the trial Court erred in entertaining the application for appointment of Court Commissioner at the stage of hearing of application for temporary injunction.
Colour shows how this judgement treated each authority
Baburao T. Patil and anr. vs. Natthu Trimbak Choudhary and ors.Referred¶18
Baburao T. Patil and anr. vs. Natthu Trimbak Choudhary and ors. Writ Petition NO. 9973 of 2021 decided on 30.08.2022
Mayuresh S. Sonawane vs. Yashwant B. BhoirReferred¶24
Mayuresh S. Sonawane vs. Yashwant B. Bhoir
Ramesh V. Idhole
State of Maharashtra
N. R. Borkar
As recorded by the court registry
5 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
