Balu Fakira Pelmahale vs Jaideep Anant Ghule And Anr
2022 Latest Caselaw 811 Bom

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               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CIVIL APPELLATE JURISDICTION

                        WRIT PETITION NO. 11752 OF 2016

 Balu Fakira Pelmahale                                        ....Petitioner

               Versus

 Jaideep Anant Ghule & Anr.                                   ....Respondents
                                          ......
 None for the Petitioner.
 None for the Respondents.
                                          ......

                                 CORAM :         N. R. BORKAR, J.

                                 DATE      :     20th JANUARY, 2022.

 P.C. :


 .             This petition takes an exception to the judgment and order

dated 09th June, 2016, below Exhibit- 24 passed by learned Civil

Judge Junior Division, Dindori, in R.C.S. No. 18 of 2012.

2. The Petitioner herein fled the suit for declaration that he has

become owner of the suit property by adverse possession and

injunction. By application at Exhibit- 24, the petitioner sought

appointment of the Court Commissioner to bring factual position on

record.

3. The trial Court rejected the application at Exhibit-24 by the

order impugned, by observing that the Court Commissioner cannot be

R. V. Patil

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appointed for collecting the evidence.

4. Considering the nature of the suit, the trial Court was justifed in

rejecting the application for appointment of Court Commissioner. No

interference in the order impugned is called for. The petition is

dismissed.

(N. R. BORKAR, J.)

R. V. Patil