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Bombay High Court

SHAIKH RIYAZ SHEIKH MUNNA AND OTHERSversusFAKIR MUNNU GARVE AND OTHERS

Disposal
DISPOSED OFF

Holding

A Court Commissioner may be appointed only after the parties have led their evidence.

Summary

The petitioners filed a writ petition challenging the order of the 3rd Joint Civil Judge, Senior Division, Hingoli, which rejected their application for the appointment of a Court Commissioner in Civil Suit No.143 of 2017. The trial court had dismissed the application on the ground that it was filed at a very early stage before any evidence had been led. The High Court examined whether a Court Commissioner can be appointed prior to the parties presenting evidence. The Court held that a Court Commissioner may be appointed only after the parties have led their evidence and therefore refused to entertain the petition at this stage. However, the Court granted liberty to the petitioners to file a fresh application for appointment of a Court Commissioner after the evidence is led. The writ petition was consequently disposed of.

Issues considered

  • Whether a Court Commissioner can be appointed at an early stage before the parties have led evidence in a civil suit

Subjects

  • Court Commissioner
  • appointment
  • civil suit
  • evidence stage
  • writ petition
  • jurisdiction

Judgment

2026:BHC-AUG:2052
                                               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
                                    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/


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