1 933-wp-1738-2024 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 1738 OF 2024 Mohammed Najeeb Ul Haque S/o Mohammed naim Ul Haque Age: 53 years, Occ: Business, R/o. Nandanvan Colony, Taluka and District Aurangabad General Power of Attorney Holder of Mohammed Nadeem Ul Haque. …..PETITIONER (Original Defendant No.3 in RCS No.47/2023) VERSUS 1. Maruti Dhotre W/o Girjaba Dhotre, Age: 70 years, Occ: Agriculture, R/o, Kasabkheda, Taluka Khultabad, Dist Aurangabad, on behalf of General Power of Attorney Holder namely Dattatray S/o Maruti Dhotre, Age: 37 years, Occ: Agriculture, R/o. Kasabkheda, Taluka Khultabad, Dist Aurangabad (Original Plaintiff in RCS No.47/2023) 2. Madhumalti Gorakhnath Dhotre, Age: 55 years, Occ: Agriculture, R/o Kasabkheda, Taluka Khultabad, Dist Aurangabad At present R/o, M 8/96, Mhada Colony, Near Baba Petrol Pump, Aurangabad 3. Vijay Sominath Dhotre, Age: 32 years, Occ: Agriculture, R/o, As above. 4. Bebi Begum W/o Ahmed Qureshi, Age: 48 years, Occ: Agriculture, R/o Kasabkheda, Taluka Khultabad, District Aurangabad 5. Sajed Qureshi S/o Ahmed Qureshi, Age: 25 years, Occ: Agriculture R/o, As above 2025:BHC-AUG:17346 2 933-wp-1738-2024 6. Asif Qureshi S/o Ahmed Qureshi, Age: 23 years, Occ: Agriculture, R/o, As above 7. Abrar Qureshi S/o Ahmed Qureshi, Age: 21 years, Occ: Agriculture R/o, As above 8. Shoeb Qureshi S/o Ahmed Qureshi, Age: 20 years, Occ: Agriculture R/o, As above …..RESPONDENTS (Defendant No.1 to 7 in RCS No.47/2023) ______________________________________________________ Mr. R. M. Shaikh, Advocate for the Petitioner ______________________________________________________ CORAM : ROHIT W. JOSHI, J. DATED : 01ST JULY, 2025 ORAL JUDGMENT :- . Vide order dated 18.01.2024, passed on application below Exhibit 18 in Regular Civil Suit No.47 of 2023, the learned Civil Judge, Junior Division, Khultabad has allowed application for appointment of Court Commissioner to carry out measurement of land bearing gut no.62, situated at village Kasabkheda, Tahsil Khultabad, District Aurangabad. 2. The original defendant no.3 contends that the suit is at a very primitive stage and issues are also not framed in the matter. The plaintiff had not led foundational facts which will indicate necessity of appointment of Court Commissioner for 3 933-wp-1738-2024 measurement of the property. The respondents, despite being served with notice for final disposal of the petition, have chosen not to appear in the matter. 3. It is necessary that the plaintiff leads the evidence and brings the foundational facts showing the need for appointment of Court Commissioner on record. In the present case, the application is moved before plaintiff has entered the witness box and brought any evidence on record. 4. In view of the above, the order dated 18.01.2024 passed by the learned Civil Judge, Junior Division, Khultabad on application at Exhibit 18 in Regular Civil Suit No.47 of 2023 is quashed and set aside. It will be open for the parties to make appropriate application for appointment of Court Commissioner for measurement of the suit property after foundational facts are brought on record during the course of evidence. 5. The Writ Petition is disposed of accordingly. ( ROHIT W. JOSHI, J. ) Rushikesh/2025