1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2984 OF 2011 Bhagwat D. Sarvade ...Petitioner Versus Prakash S. Talbhandare & Ors. ...Respondent Mr.Anand Kulkarni for the Petitioner Mr.R.V.Bansode for the Respondent CORAM:- R.Y.GANOO, J. DATED:- 11th OCTOBER, 2011. P.C. 1. Rule. 2. Learned Advocate Mr. Bansode waives service on behalf of the respondent nos.1 to 3 who are the contesting respondents. By consent, petition is taken up for hearing. 3. In Civil Misc. Appeal No.150 of 2007, filed in the District Court at 2 Solapur, by the present petitioner, the learned Adhoc District Judge-. 2, Solapur, directed appointment of Commissioner to ascertain the situation at site for the purpose of arriving at final conclusion. It is common ground that Commissioner did perform his job and submitted report. Before this Court, grievance was made by the learned Advocate for the petitioner that the learned Adhoc District Judge -2 Solapur has not referred to the Commissioner’s report in the entire order and in the absence of such a reference, the order is defective. 4. After having heard learned Counsels on both sides, I am of the view that if the Commissioner was appointed by Adhoc District Judge 2, Solapur in the Civil Misc. Appeal proceeding then it was the duty of the learned District Judge to consider the said report, hear both parties and pass an appropriate order. As the said report is not considered, I am inclined to set aside the order and remand the Civil Misc. Appeal to the file of the said learned Judge for disposal with condition that he should peruse the report and pass appropriate order. Hence following order is passed to dispose of the petition. 5. 3 ORDER i. The impugned order dated 20.12.2010 passed in Civil Misc. Appeal No.150 of 2007 by the learned Adhoc District Judge -2, Solapur is set aside. The Civil Misc. Appeal No.150 of 2007 is restored to the file of the said court. ii. The learned Judge, to whom this Civil Misc. Appeal No.150 of 2007 would be assigned shall hear the learned Advocates on both sides afresh, consider the Commissioner’s report which is at page 62 to 64 of this petition and then pass the order afresh. Iii. The concerned Judge to whom this appeal is assigned shall hear and dispose of this appeal as expeditiously as possible . Needless to mention that since the Civil Misc. Appeal No.150 of 2007 is remanded, the situation which was prevailing as of 20.12.2010 shall prevail till disposal of the aforesaid Civil Misc. Appeal No.150 of 2007. iv. There shall be no order as to costs. 4 (R.Y.GANOO, J.)