1 43.WP-4336-2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4336 OF 2026 Raghunath Tukaram Ptil and another ...Petitioners VERSUS Ramchandra Dnyanu Patil (Daulu) ...Respondent Shri Nikhil N. Pawar, Advocate a/w Shri Rajdeep Shitole, Advocate for the Petitioners. CORAM : SHAILESH P. BRAHME, J. DATE : 08TH SEPTEMBER, 2026. FINAL ORDER : . The petitioners have resorted to Order VI Rule 9 of the Code of Civil Procedure at pre-trial stage. It is vehemently contended by the learned counsel for the petitioners that appointment of commissioner for local inspection in the given facts and circumstances is extremely necessary. The concern of the learned counsel cannot be doubted. 2. The application U/O XXVI Rule 9 of the C. P. C. has been made before adducing any evidence. 3. In view of consistent view of the High Court in the case of Sarjerao Nathu Bangar Vs. Namdev Keru Bangar in Writ Petition No. 13441 of 2019 (Aurangabad Bench), I do not 2026:BHC-KOL:8691 2 43.WP-4336-2026.odt find any illegality in the impugned order. No interference is called for in the writ petition. It is disposed of with a clarification that petitioner shall be at liberty to take recourse to Order XXVI Rule 9 of the C. P. C. at post trial stage as is permissible in law. If fresh application is made that shall be decided on its own merits without being influenced by earlier orders. [ SHAILESH P. BRAHME J. ] bsb/Sept. 26