13-14-WP-10242-2026.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10242 OF 2026 Balu Keru Metkari ..Petitioner Versus Mahadeo Keru Metkari Bergal …Respondent WITH WRIT PETITION NO. 10243 OF 2026 Alka Ankush Metkari ..Petitioner Versus Mahadeo Keru Metkari Bergal …Respondent Mr. Sachin Hande, for the Petitioner in both Petitions. CORAM: N. J. JAMADAR, J. DATE : 29th AUGUST 2026 P.C.: 1. Heard the learned Counsel for the Petitioner. 2. The challenge in these Petitions is to the orders dated 1st August 2026 in Suit No. 0101231 of 2026 and Suit No. 0101230 of 2026 passed by the learned Judge, City Civil Court, whereby the Court Commissioner was appointed to inspect the suit property and submit a report. ARS 1/2 ARUN RAMCHANDRA SANKPAL Digitally signed by ARUN RAMCHANDRA SANKPAL Date: 2026.08.31 15:04:43 +0530 13-14-WP-10242-2026.DOC 3. The learned Judge, City Civil Court was of the view that without the situation at the site being brought before the Court, the Court would not be in a position to appreciate the prayer for grant of injunction. 4. The Court Commissioner has already visited the subject premises on 5th August 2026 and submitted a report to the Court. 5. Thus, at this juncture, there is no propriety in entertaining the Petition. 6. The Petitioners shall have the right to raise all the objections, including that the report of the Court Commissioner may not be taken into consideration while passing the further orders in the suits. 7. Subject to the aforesaid clarification, Petitions stand disposed. [N. J. JAMADAR, J.] ARS 2/2