Bombay High Court

NABISAB MAHEBOOB JAMADARversusHARI TUKARAM BIRAJDAR AND OTHERS

Disposal: DISPOSED OFF

Holding

An application for appointment of a Court Commissioner should be filed only after the evidence of both sides is concluded.

Summary

The petitioner, Nabisab Maheboob Jamadar, sought the Court's permission to withdraw his writ petition and to be allowed to file an application for the appointment of a Court Commissioner to measure the lands of the respondents. The trial court had earlier rejected such an application on the ground that it should not be filed before the evidence of both parties was completed. The petitioner argued for liberty to file the application despite the pending evidence. The High Court noted the precedent in Dnyandeo Vithal Salake & Ors. v. Dagadu Inamdar (2017) which holds that a Court Commissioner application must be filed after both sides have completed their evidence. Accordingly, the Court disposed of the writ petition as withdrawn, granting the petitioner liberty to file the appropriate application in due course.

Issues considered

Whether the petitioner may withdraw the writ petition with liberty to file a Court Commissioner application.
Whether an application for appointment of a Court Commissioner for land measurement can be filed before the evidence of both parties is concluded.

Subjects

writ petition
court commissioner
land measurement
withdrawal of petition
evidence
procedural law

Judgment

2026:BHC-AUG:43388-DB


                    IN THE JUDICATURE OF HIGH COURT AT BOMBAY
                               BENCH AT AURANGABAD

                           13 WRIT PETITION NO. 3662 OF 2022

                                 Nabisab Maheboob Jamadar
                                            VERSUS
                               Hari Tukaram Birajdar And Others
                                                ...
                Advocate for the Petitioner : Mr. Chavan S. B. And Halkude S. S.
                          AGP for Respondents-State: Mr. S. G. Joshi
                 Advocate for Respondents No.1 to 3 : Mr. Wakure Sambhaji S.
                                                ...

                                CORAM      : ROHIT W. JOSHI, J.
                                Dated      : September 23, 2026

           PER COURT :-

           1.    Learned counsel for the petitioner seeks permission to withdraw

           the present Writ Petition with liberty to file an appropriate application

           for appointment of a Court Commissioner for measurement of the

           respective lands of the defendants, if such measurement is found

           necessary in view of the evidence that may be led by the parties.



           2.    It appears that an application for appointment of a Court

           Commissioner for measurement of the respective lands was earlier

           rejected by the learned Trial Court on the ground that such an

           application ought not to be filed before completion of the evidence of

           both sides.



           3.    Learned Trial Court has placed reliance upon the judgment of this

           Court in Dnyandeo Vithal Salake and others Vs. Dagadu kadar


                                            Page 1 of 2
                                                           13 WP 3662-2022



Inamdar, reported in 2017 (3) Mh.L.J. 314, which deals with a

similar situation and holds that application for appointment of Court

Commissioner should be filed after evidence of both sides is

concluded.



4.       In view of the above, the Writ Petition is disposed of as

withdrawn, with liberty to the petitioner as prayed for.




                                               ( ROHIT W. JOSHI, J. )




vj gawade/-.




                                Page 2 of 2

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