Bombay High Court
Mahadev Vaijanath Bembalge Through Gpa ... vs Chandrakala Ramesh Athane on 4 June, 2018
Author: Sunil P. Deshmukh
Bench: Sunil P. Deshmukh
1 WP 832-2018
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 832 of 2018
Mahadev S/o Vaijanath Bembalge
age 30 yers occupation service
R/o Udgir Taluka Udgir District Latur
Through General Power of Attorney holder
Rajkumar S/o Viranna Tanshette,
age 45 years occupation service
R/o Basweshwar Galli, Udgir
Taluka Udgir District Latur.
...Petitioner
VERSUS
Chandrakala W/o Ramesh Athane,
age 52 years occupation household
R/o Samatanagar, Udgir Taluka Udgir District latur.
...Respondent
Mr Anand V. Patil Indrale, Advocate for petitioner
Mr Ashwin V. Sakolkar, Advocate, holding for Mr V.G. Sakolkar,
Advocate for respondent.
CORAM : SUNIL P. DESHMUKH, J.
DATE : 4th June, 2018
ORDER :
Present writ petition purports to impugn order dated 10th November 2017 passed on Exhibit 58 by learned III Joint Civil Judge (Junior Division), Udgir, where-under request of appointment of Court Commissioner is rejected. It may be pertinent to note ::: Uploaded on - 08/06/2018 ::: Downloaded on - 09/06/2018 00:59:16 ::: 2 WP 832-2018 that the petitioner had not led his evidence while application for appointment of Court Commissioner has been made which is rejected. In the circumstances, it appears that the application had been premature.
2. Learned Counsel appearing for petitioner submits that the Trial Court has framed issues in the suit and evidence has been led. In view of the developments, he submits that without undermining liberty to make further application at proper stage, petition may be disposed of. Learned Counsel for the respondent has no particular objection to proposal.
3. In view of aforesaid, the writ petition is disposed of, with liberty as requested.
(SUNIL P. DESHMUKH), JUDGE.
Madkar ::: Uploaded on - 08/06/2018 ::: Downloaded on - 09/06/2018 00:59:16 :::