67-WP-1035-2026=.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1035 OF 2026 Arun Balku Yadav and Anr. … Petitioners Vs. Jaisingh Bapu Shinde and Ors. … Respondents …………. Mr. Amarsinh Bhosale a/w Akshay Pujari for the Petitioners Mr. Sanjay D. Rayrikar, AGP for Respondent Nos. 4 and 5 - State …………. CORAM : SHAILESH P. BRAHME, J. DATE : 8th OCTOBER, 2026. P. C. : . Heard. 2. The petitioners - original plaintiffs are challenging the order dated 09.09.2025 rejecting appointment of Court Commissioner. The application Exh.43, upon which impugned order is passed, was preferred at pretrial stage. 3. In view of consistent view being taken by this Court in the case of Sitaram Sukhlak Patil vs. Vasudev Sukhlal Patil in Writ Petition No. 9626 of 2016, decided on 31.07.2017 and Sarjerao Nathu Bangar & Ors. vs. Namdeo Keru Bangar & Ors. in Writ Petition No. 13441 of 2019, decided on 07.11.2019, learned counsel for the petitioners seeks to withdraw the petition with liberty to file application afresh after the evidence is over. Uday S. Jagtap 1 of 2 UDAY SHIVAJI JAGTAP Digitally signed by UDAY SHIVAJI JAGTAP Date: 2026.10.12 14:40:45 +0530 67-WP-1035-2026=.doc 4. The Writ Petition is disposed of as withdrawn with a liberty to prefer the application afresh if so required under Order XXVI Rule 9 of the CPC at the appropriate stage of the proceedings. 5. If such application is filed, the same shall be dealt with in accordance with law and without being influenced by any earlier orders passed in the matter, especially the impugned order. ( SHAILESH P. BRAHME, J. ) Uday S. Jagtap 2 of 2