1 942-wp-3101-2024 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 3101 OF 2024 Vatsalabai Jagannath Dhanwate Deceased Through Lrs Kalpana Rajendra Jadhav And Others VERSUS Ramesh Karbhari Warule And Others ... Mr. N. D. Sonavane, Advocate for the Petitioners Mr. R. K. Ingole, AGP for Respondent-State Mr. P. M. Borde h/f Mr. S. S. Chapalgaonkar, Advocate for Respondent nos.1 to 15 ….. CORAM : AJIT B. KADETHANKAR, J. DATED : 16TH SEPTEMBER, 2026 P.C. :- . From the recitals of the application filed by the present petitioners at Exhibit-56, it is apparent that the application was filed to collect the evidence. The Trial Court has rightly rejected such application. So far as the observations recorded by the learned Judge of the Trial Court are concerned, I do not find any infirmity therein. 2. Noticing disinclination of this Court to entertain the Writ Petition, Mr. N. D. Sonavane, learned Advocate for the petitioners seeks leave to file appropriate application at an appropriate stage as is opined by the Trial Court at paragraph 2026:BHC-AUG:42877 2 942-wp-3101-2024 no.7 of its order. The Trial Court has observed that if it comes on record that the defendants have alternate approach road to access their agricultural properties, an application to appoint Court Commissioner could be considered. 3. As observed above, I am not inclined to interfere in the findings recorded by the Trial Court. Hence, The Writ Petition stands dismissed. However, in view of the opinion expressed by the learned Judge of the Trial Court, the petitioners may file an application at an appropriate stage, if so advised. If such application is filed, the Trial Court shall decide it on its own merits. ( AJIT B. KADETHANKAR, J. ) Rushikesh/2026