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2025 DAILYLAW 42886 (BOM)

SHRI. SANJAY GOVIND GAVKAR AND ORS v. SMT. YOGITA ANIL VIBHUTE AND ORS

WP/9082/2022 · 2025-01-09

Shri Amit Borkar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

18-wp-9082-2022.doc Shabnoor IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9082 OF 2022 Sanjay Govind Gavkar & Ors. … Petitioners V/s. Yogita Anil Vibhute & Ors. … Respondents Ms. Nikita Kamble h/f Mr. Suresh Madhukar Kamble for petitioners. CORAM : AMIT BORKAR, J. DATED : JANUARY 9, 2025 P.C.: 1. The petitioner is challenging an order passed by the Trial Court rejecting petitioners’ application for appointment of the Court Commissioner in exercise of power under Order 26, Rule 9 of the Code of Civil Procedure, 1908. 2. On perusal of the plaint, it appears that, no case regarding either encroachment or boundary dispute has been made out by the petitioners; therefore, the Trial Court has justified in rejecting the application. Hence, no interference is called for, the writ petition stands dismissed. (AMIT BORKAR, J.) 1 SHABNOOR AYUB PATHAN Digitally signed by SHABNOOR AYUB PATHAN Date: 2025.01.09 18:02:05 +0530