Renuka 19-WP-8006-2017.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8006 OF 2017 Sampat Bapu Walhekar ...Petitioner V/s. Bhairu Ksahadu Mohol ...Respondent ________________ Ms. Manjiri S. Parasnis with Ms. Samiksha Lokhande for Petitioner. Mr. Hemant Ghadigaonkar for Respondent. ________________ CORAM: SANDEEP V. MARNE, J. DATED: 1 SEPTEMBER 2026. P.C.: 1) The Petition challenges order dated 17 February 2016 passed by the Joint Civil Judge Senior Division, Pune rejecting Application at Exh-15 which was filed seeking appointment of Court Commissioner under Order XXVI Rule 9 of the Code of Civil Procedure, 1908 (Code) to bring on record factual position of the suit property. 2) I have heard Ms. Parasnis, the learned counsel appearing for the Petitioner and Mr. Ghadigaonkar the learned counsel appearing for the Respondent. Page No. 1 of 2 1 SEPTEMBER 2026 Renuka 19-WP-8006-2017.docx 3) The suit is filed for recovery of possession of suit Gala. According to the Plaintiff, Defendant is a permissive user in respect of suit Gala who has refused to vacate the same. In such a suit, appointment of Court Commissioner is not necessary since the suit does not involve a boundary dispute. In my view therefore, the Trial Court has rightly rejected the Application. No interference is warranted in the impugned order. 4) Writ Petition is rejected. [SANDEEP V. MARNE, J.] Page No. 2 of 2 1 SEPTEMBER 2026 Signed by: Renuka S Thakur Designation: PA To Honourable Judge Date: 02/09/2026 10:57:03