1 17 WP 1071-2023.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 17 WRIT PETITION NO. 1071 OF 2023 MANIKCHAND MADANLAL GANGWAL VERSUS ASHVIN ANIL MULE AND OTHERS … Mr. Anil H. Kasliwal – Advocate for Petitioner Mr. B.A. Dhengle – Advocate for Respondent Nos.1 to 4 … CORAM : SIDDHESHWAR S. THOMBRE, J. DATE : 28.01.2026 PER COURT : 1. Heard learned Counsel for the respective parties. 2. The petitioner is aggrieved by the order dated 18.10.2022 passed below Exhibit-7 by the 2nd Joint Civil Judge, Junior Division, Gevrai, Tq. Gevrai, Dist. Beed, in Regular Civil Suit No.927 of 2021, whereby the learned Trial Court rejected the application filed by the petitioner/plaintiff under Order XXVI Rule 9 of the Civil Procedure Code. 3. After going through the record, I find that the suit was instituted on 04.12.2021 and along with suit itself, an application for appointment of a Court Commissioner was filed. Therefore, on this ground alone, I am not inclined to entertain the present petition. 4. In view thereof, the Writ Petition stands disposed of. Pending Civil 2026:BHC-AUG:3465 2 17 WP 1071-2023.odt Applications, if any, also stand disposed of. 5. It is made clear that after the plaintiff leads evidence, the petitioner/plaintiff shall be at liberty to file a fresh application for appointment of a Court Commissioner, which shall be considered by the learned Trial Court on its own merits and in accordance with law. [ SIDDHESHWAR S. THOMBRE ] JUDGE Pooja Kale/