Dilwale 1 74-wp-15077-19.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 74 WRIT PETITION NO. 15077 OF 2019 Govind Tukaram Gangatire Through Power Of Attorney Digambar Vishwanath Gangatire VERSUS Ramprasad Marotirao Gangatire ... Advocate for the Petitioner : Mr. Deshmukh Charuta Sunil Advocate for Respondent No.1 : Mr. Ramrao G. Nirmal h/f Mr. S. S. Gangakhedkar ... CORAM : SIDDHESHWAR S. THOMBRE, J. DATE : 12.02.2026 PER COURT : 1. The learned counsel for the respective parties. 2. On 16th December 2019, the following order is passed:- 1. The Petitioner, original defendant in Regular Civil Suit No. 19/2015 is aggrieved by the order dated 05/08/2019 passed by the Trial Court, by which, application Exhibit 29, seeking appointment of a court commissioner, has been allowed even before commencing the recording of oral evidence. 2. This Court has consistently held that a court commissioner should normally be appointed after the recording of oral evidence is concluded. Some of such orders / judgments passed by this Court are as under :- (1) Syed Mushtaque Ahmad Syed Ismail and others Vs. Syed Ashique Ali Khan Hatdar [2011 (6) Mh.L.J. 334 = 2012 (2) Bom. C.R. 790], (2) Nalubai Shinde and others Vs. Gopinath Shinde [2011(2) Mh.L.J.991], (3) Dnyandeo Vithal Salke and others vs. Dagdu Kadar Inamdar, 2017 (3) Mh.L.J. 314. (4) Chandrakant Kashinath Dike and others vs. Smt.Satyabhama Vishwanath Dike and another, Writ Petition No.8877/2013 (Aurangabad Bench) decided on 17.01.2014. (5) Dhondiba Bapu Zaware vs. Santosh Paraji Zaware and others, Writ Petition No.4756/2014 (Aurangabad Bench) decided on 08.12.2014. (6) Dipak Laxman Gadekar and anr. Vs. Trimbak Ravji Shirsath, Writ Petition No. 11593/2015 (Aurangabad Bench), decided on 23/08/2017, 2026:BHC-AUG:6371 Dilwale 2 74-wp-15077-19.odt (7) Mahadeo s/o Vaijanath Bembalge Vs. Chandrakala w/o Ramesh Athane, Writ Petition No.832/2018 (Aurangabad Bench), decided on 04/06/2018, (8) Dhondiram Nivrutti Pawar through L.Rs. Vs. Laxman Khashaba Pawar and others, Writ Petition No. 1196/2017, (Bombay Bench), decided on 23/01/2018, (9) Sanjay Balasaheb Khandare Vs. Vivek Surinder Mahajan and another, Writ Petition No.4958/2018,(Aurangabad Bench), decided on 29/01/2018. (10) Bhika Mahadu Katkar and another Vs. Arjun Bhimraj Ghode, WP No.1890/2019 (Aurangabad Bench) decided on 09/07/2019. (11) Sitaram Suklal Patil and another Vs. Vasudeo Suklal Patil, WP No.9626/2016 (Aurangabad Bench), decided on 31/07/2017. (12) Sarjerao Nathu Bangar and others Vs. Namdeo Keru Bangar and others, WP No.13441/2019 (Aurangabad Bench), decided on 07/11/2019. 3. Issue notice to the Respondents, returnable on 14/02/2020. Until further orders, the impugned order dated 05/08/2019 shall stand stayed. In the event, the court commissioner has acted upon the impugned order, his report shall be preserved by the Trial Court in a sealed envelope and shall not be divulged to any of the parties. 4. Copy of the petition paper book shall be supplied for issuance of notice, on or before 20/12/2019, failing which, this petition shall stand dismissed without reference to the Court on 21/12/2019. 3. In view of the above, the learned counsel for the petitioner submits that the oral evidence has not yet commenced. Hence, the present petition is disposed of with a direction to the learned Trial Court to open the Court Commissioner’s report after the parties have led their evidence. 4. In view of the above, the writ petition stands disposed of. [ SIDDHESHWAR S. THOMBRE ] JUDGE