1 989 WP 11830-2021.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 989 WRIT PETITION NO. 11830 OF 2021 SHAIKH RIYAZ SHEIKH MUNNA AND OTHERS VERSUS FAKIR MUNNU GARVE AND OTHERS … Mr. Anand Dale h/f. Mr. P.S. Agrawal – Advocate for Petitioners … CORAM : SIDDHESHWAR S. THOMBRE, J. DATE : 17.01.2026 PER COURT : 1. Heard learned Counsel for the petitioners. 2. By way of the petition, the petitioners challenge the order dated 03.12.2019 passed below Exhibit-34 in Regular Civil Suit No.143 of 2017 by the 3rd Joint Civil Judge, Senior Division, Hingoli, whereby the application filed by the petitioners for appointment of a Court Commissioner came to be rejected. 3. Learned Counsel for the petitioners submits that the Trial Court rejected the application on the ground that it was filed at a very initial stage when the evidence had not yet commenced. 4. The Court Commissioner may be appointed only after the parties have led their evidence, this Court is not inclined to entertain the present 2026:BHC-AUG:2052 2 989 WP 11830-2021.odt Writ Petition at this stage. However, liberty is granted to the petitioners/original plaintiffs to file an appropriate application for appointment of Court Commissioner after the parties lead evidence, if so advised. 5. The Writ Petition stands disposed of in above terms. [ SIDDHESHWAR S. THOMBRE ] JUDGE Pooja Kale/