1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. C. A. Z. NO. 425 OF 2011 IN L. P. A. NO. 8589 OF 2011 IN WRIT PETITION NO. 1078 OF 2011 Praveenchandra Parmanand Gherwara vs. M/s Mahavir Enterprises _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. ______________________________________________________________________________ Shri S. N. Bhattad Adv for applicant. CORAM : B.P.DHARMADHIKARI & P. D KODE, JJ. DATED : NOVEMBER 17, 2011. Prayer is to condone delay of 17 days in filing L. P. A. In L. P. A. challenge is to order of learned Single Judge dated 07.03.2011. The order of trial Court appointing Commissioner under Order 26 Rule 9 of Civil Procedure Code was questioned before learned Single Judge. Trial Court against which writ of certiorari was sought was not joined as party. Hence in the light of judgment of Hon’ble Apex Court in 1968 Maharashtra Law Journal (NOC) 1 Mohd. Emanuel Haq Vs. Mohd. Mussala and Full Bench judgment reported in Ramchandra Dagoji Rangari through L. Rs. Smt. Lilabai Ramchandra Rangari 2 and Others Vs. Vishwanath Champat Naik and Another 2011(5) Maharashtra Law Journal 193, L. P. A. is not maintainable. With liberty to appellant to take such steps as are open in law, we dispose of the L. P. A. JUDGE JUDGE svk