Bombay High Court
MANIKCHAND MADANLAL GANGWALversusASHVIN ANIL MULE AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The writ petition is dismissed as the application for appointment of a Court Commissioner was already filed with the suit and may be refiled after the plaintiff leads evidence.
Summary
Manikchand Madanlal Gangwal filed a writ petition challenging the order of the 2nd Joint Civil Judge, Junior Division, Gevrai, which had rejected his application for appointment of a Court Commissioner under Order XXVI Rule 9 of the CPC in suit No. 927 of 2021. The petitioner argued that the order dated 18-10-2022 was erroneous and sought relief through the High Court. The Court observed that the suit was instituted on 04-12-2021 and the application for a Court Commissioner had been filed concurrently with the suit. Consequently, the petition was deemed non-maintainable as the petitioner could file a fresh application after leading evidence. The writ petition and any pending civil applications were disposed of, with the Court directing that a fresh application may be filed thereafter.
Issues considered
- Whether the writ petition challenging the trial court's rejection of the application for appointment of a Court Commissioner is maintainable.
Legislation cited
- Code of Civil Procedure, 1908 — s. Order XXVI Rule 9
Subjects
- writ petition
- court commissioner
- Order XXVI Rule 9
- Civil Procedure Code
- maintainability
- civil suit
Judgment
2026:BHC-AUG:3465
1 17 WP 1071-2023.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
17 WRIT PETITION NO. 1071 OF 2023
MANIKCHAND MADANLAL GANGWAL
VERSUS
ASHVIN ANIL MULE AND OTHERS
…
Mr. Anil H. Kasliwal – Advocate for Petitioner
Mr. B.A. Dhengle – Advocate for Respondent Nos.1 to 4
…
CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 28.01.2026
PER COURT :
1. Heard learned Counsel for the respective parties.
2. The petitioner is aggrieved by the order dated 18.10.2022 passed
below Exhibit-7 by the 2nd Joint Civil Judge, Junior Division, Gevrai, Tq.
Gevrai, Dist. Beed, in Regular Civil Suit No.927 of 2021, whereby the
learned Trial Court rejected the application filed by the
petitioner/plaintiff under Order XXVI Rule 9 of the Civil Procedure Code.
3. After going through the record, I find that the suit was instituted
on 04.12.2021 and along with suit itself, an application for appointment
of a Court Commissioner was filed. Therefore, on this ground alone, I am
not inclined to entertain the present petition.
4. In view thereof, the Writ Petition stands disposed of. Pending Civil
2 17 WP 1071-2023.odt
Applications, if any, also stand disposed of.
5. It is made clear that after the plaintiff leads evidence, the
petitioner/plaintiff shall be at liberty to file a fresh application for
appointment of a Court Commissioner, which shall be considered by the
learned Trial Court on its own merits and in accordance with law.
[ SIDDHESHWAR S. THOMBRE ]
JUDGE
Pooja Kale/
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