1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 2385 OF 2010 Girijinath s/o Bansi Dhanore & another .. PETITIONERS VERSUS Gorakshnath s/o Bhika Patil Jadha & others .. RESPONDENTS Mr. A.P. Bhandari, Advocate for the petitioners. Mr. V.I. Thole, Advocate for respondent no. 1. ===== CORAM : R. M. BORDE, J. DATE : 23rd MARCH, 2010 PER COURT : 1 An application presented by the petitioners / original defendants requesting for appointment of Commissioner for conducting local inspection came to be rejected by the trial court in view of the order passed on 16-2-2010 and said interlocutory order passed by the trial court is subject matter of challenge in this petition. 2 It is pointed out that the proceedings in the suit are at preliminary 2 stage and the matter is listed before the trial court for consideration of interim injunction applications. It would not be appropriate at this stage to consider the request made by the original defendants. The learned trial Judge was therefore justified in rejecting the application tendered by the original defendants / petitioners herein. Petitioners may however renew their request at appropriate stage and the court shall consider such an application, if presented, on its own merits and in accordance with law. No interference is required to be caused in this petition. Petition therefore stands rejected. 3 In view of dismissal of petition, pending civil application, if any, stands disposed of. ( R. M. BORDE, J.) dyb/office/wp2385.10.odt