Bombay High Court
ASHOK ISHWARAPPA DONGREversusSUVARNA SUNIL KOTHARI AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The writ petition is disposed of, granting the petitioner liberty to file a fresh application for appointment of a Court Commissioner after evidence is recorded.
Summary
Ashok Ishwarappa Dongre filed a writ petition challenging a July 21, 2018 order of the Joint Civil Judge, Junior Division, Jamkhed, which rejected his application for the appointment of a Court Commissioner in Civil Miscellaneous Application No. 20 of 2013. The petitioner argued that the suit was pending for recording of evidence and therefore sought liberty to file a fresh application for a commissioner after evidence was recorded. The Court, after hearing counsel, granted the petitioner liberty to file a fresh application for appointment of a Court Commissioner after the evidence stage, directing the trial court to consider it on its merits. No substantive merits of the original application were decided. Consequently, the writ petition was disposed of.
Issues considered
- What is the appropriate remedy for a rejected application for appointment of a Court Commissioner when the suit is pending for recording of evidence?
Subjects
- Court Commissioner
- Writ Petition
- Civil Procedure
- Appointment of Commissioner
- Trial Court
- Recording of Evidence
Judgment
2026:BHC-AUG:1867
1 1002 WP 590-2019.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
1002 WRIT PETITION NO. 590 OF 2019
ASHOK ISHWARAPPA DONGRE
VERSUS
SUVARNA SUNIL KOTHARI AND OTHERS
…
Mr. Vinayak S. Bedre – Advocate for Petitioner
Mr. B.R. Kedar – Advocate for Respondents
…
CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 17.01.2026
PER COURT :
1. Heard learned Counsel for petitioner and learned Counsel for the
respondents.
2. By way of the present petition, the petitioner challenges the order
dated 21.07.2018 passed below Exhibit 20 by the learned Joint Civil
Judge, Junior Division, Jamkhed, in Civil Miscellaneous Application
No.20 of 2013, whereby the application filed by the petitioner for
appointment of Court Commissioner came to be rejected.
3. Learned Counsel for the petitioner submits that the suit is presently
posted for recording of evidence and, therefore, the present petition can
be disposed of with appropriate liberty.
4. In view thereof, the Writ Petition is disposed of with liberty to the
2 1002 WP 590-2019.odt
petitioner/original plaintiff to file a fresh application for appointment of
Court Commissioner after recording of evidence before the learned Trial
Court. The learned Trial Court shall consider such application on its own
merits and in accordance with law.
5. In view thereof, the present Writ Petition stands disposed of.
[ SIDDHESHWAR S. THOMBRE ]
JUDGE
Pooja Kale/
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