lpa11.11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD LETTERS PATENT APPEAL NO. 11 OF 2011 Narayan s/o Dagadu Nalawade & others .. APPELLANTS VERSUS Devidas s/o Dadarao Nalawade & others .. RESPONDENTS Mr. D.R. Irale-Patil, advocate for the appellants. Mr. N.D. Sonwane, advocate for respondent nos. 1 to 4. ===== CORAM : D.B. BHOSALE & R.M. BORDE, JJ. DATE : 24 th JANUARY, 2011 PER COURT : 1 Heard learned counsel for the respective parties. 2 Learned counsel for the appellants, at the outset, invited our attention to paragraph no. 5 of the order dated 13th January, 2011 passed by the learned Single Judge in Writ Petition no. 149/2011 and submitted that through inadvertence, the liberty is given to the plaintiff to renew his request at an appropriate stage instead of to the appellants - defendants. He submits that lpa11.11 2 the application for appointment of Court Commissioner was filed by the defendants. Learned counsel for the respondents has no objection for granting liberty to the appellants - defendants, as observed in paragraph no. 5 of the impugned order. Learned counsel for the appellants further submits that if this is clarified, he has instructions not to press this application. Appeal is disposed of as not pressed, with liberty to the appellants - defendants to renew their application for appointment of Court Commissioner, at appropriate stage. ( R. M. BORDE ) ( D.B. BHOSALE ) JUDGE JUDGE dyb