41-WP-18220-2024.DOC Arun Sankpal IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 18220 OF 2024 Sunita Sandeep Kataria ..Petitioner Versus Chaya Shahaji Farate & Ors …Respondents Mr. S.C. Wakankar, with Aishwarya Bapat, for the Petitioner. Mr. Nitin Gaware Patil, with Divyesh K. Jain, for Respondent Nos. 1, 2 and 9. CORAM: N. J. JAMADAR, J. DATE : 4th NOVEMBER 2025 P.C.: 1. Heard the learned Counsel for the parties. 2. Mr. Wakankar, the learned Counsel for the Petitioner, seeks leave to withdraw the Petition with liberty to take out an Application for appointment of the Court Commissioner, after the Plaintiff adduces his evidence. 3. Mr. Gaware Patil, the learned Counsel for the Respondent Nos. 1, 2 and 9 submits that, an Application for temporary injunction has been rejected and the issues are yet to be settled. 4. In the circumstances of the case and having regard to the prayer in the Suit, it would be expedient that, the Plaintiff first adduces his 1/2 ARUN RAMCHANDRA SANKPAL Digitally signed by ARUN RAMCHANDRA SANKPAL Date: 2025.11.06 18:02:25 +0530 41-WP-18220-2024.DOC evidence and, thereafter, the trial Court may consider the necessity of the appointment of the Court Commissioner. 5. Thus the Petition is disposed as withdrawn with liberty to the Petitioner to file an Application for the appointment of the Court Commissioner, after the Plaintiff adduces his evidence. 6. In the event such an Application is filed, the learned Civil Judge, Junior Division, Daund, shall decide the same on its own merits and in accordance with law. 7. Petition disposed. [N. J. JAMADAR, J.] 2/2