Bombay High Court

VATSALABAI JAGANNATH DHANWATE DECEASED THROUGH LRS KALPANA RAJENDRA JADHAV AND OTHERSversusRAMESH KARBHARI WARULE AND OTHERS

Disposal: DISPOSED OFF

Holding

The writ petition is dismissed, with no interference in the trial court's findings.

Summary

The petitioners, representing the estate of the deceased Vatsalabai Dhanwate, filed a writ petition seeking to compel the trial court to order the collection of evidence. The trial court had rejected their application, finding no merit. The petitioners then requested leave to file a fresh application at a later stage, as suggested by the trial court, which could involve appointing a court commissioner if the defendants had an alternate road to their agricultural lands. The High Court, noting its reluctance to interfere with the trial court's findings, dismissed the writ petition but permitted the petitioners to file the suggested application later. The trial court will decide any such application on its merits.

Issues considered

What is the appropriate forum for seeking an order to collect evidence in the present dispute?
Whether the High Court should interfere with the trial court's refusal to appoint a court commissioner.

Subjects

writ petition
evidence collection
court commissioner
trial court findings
procedural law

Judgment

2026:BHC-AUG:42877



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                                                                       942-wp-3101-2024

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                      WRIT PETITION NO. 3101 OF 2024

                         Vatsalabai Jagannath Dhanwate Deceased Through Lrs
                                  Kalpana Rajendra Jadhav And Others
                                                VERSUS
                                  Ramesh Karbhari Warule And Others
                                                   ...
                     Mr. N. D. Sonavane, Advocate for the Petitioners
                     Mr. R. K. Ingole, AGP for Respondent-State
                     Mr. P. M. Borde h/f Mr. S. S. Chapalgaonkar, Advocate for
                     Respondent nos.1 to 15
                                                  …..
                                          CORAM : AJIT B. KADETHANKAR, J.
                                             DATED : 16TH SEPTEMBER, 2026

                     P.C. :-

                     .         From the recitals of the application filed by the present

                     petitioners at Exhibit-56, it is apparent that the application

                     was filed to collect the evidence. The Trial Court has rightly

                     rejected such application. So far as the observations recorded

                     by the learned Judge of the Trial Court are concerned, I do

                     not find any infirmity therein.

                     2.        Noticing disinclination of this Court to entertain the

                     Writ Petition, Mr. N. D. Sonavane, learned Advocate for the

                     petitioners seeks leave to file appropriate application at an

                     appropriate stage as is opined by the Trial Court at paragraph
                                2
                                                942-wp-3101-2024

no.7 of its order. The Trial Court has observed that if it comes

on record that the defendants have alternate approach road to

access their agricultural properties, an application to appoint

Court Commissioner could be considered.

3.      As observed above, I am not inclined to interfere in the

findings recorded by the Trial Court. Hence, The Writ Petition

stands dismissed. However, in view of the opinion expressed

by the learned Judge of the Trial Court, the petitioners may

file an application at an appropriate stage, if so advised. If

such application is filed, the Trial Court shall decide it on its

own merits.



                                    ( AJIT B. KADETHANKAR, J. )

Rushikesh/2026

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