spb/- 1 wp503-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION WRIT PETITION NO. 503 OF 2011 Papu @ Sandeep Ratnakar Pitale & Anr. ... Petitioners. (Org.Defendants) V/s Shir Subhas Vasantrao Bhosale ... Respondent. (Org.Plaintiff) --- Mr. S.S. Patwardhan for the Petitioners. Mr. M.L. Patil for the Respondent No.1. ----- CORAM : D. G. KARNIK, J. DATE : 18th JULY, 2011. P.C. : 1 Rule, returnable forthwith. Mr. Patil, Advocate, waives service on behalf of the respondent. By consent of the parties, heard forthwith. 2 In an appeal arising out of interlocutory order passed by the trial court, the appellate court i.e. Additional District Judge, Pandharpur appointed a court commissioner for site inspection of the suit premises. Accordingly, the court commissioner carried out site inspection. At that time he noticed that the premises were locked and, therefore, he moved to the court for permission to break open the lock of the premises. The court allowed the court commissioner to break open the lock. spb/- 2 wp503-11.sxw Accordingly, the court commissioner broke upon the lock and carried out the inspection of the site and thereafter he put his own lock and submitted the keys to the court. 3 During the pendency of the appeal, the petitioners appeared before the court and contended that the keys of the lock put up by the court commissioner be ordered to be returned to the petitioners. By order 22nd September, 2006 passed below Exh. 38, the court directed that the application of the petitioner (Exh. 31) would be considered and decided while deciding the appeal. The appellate court decided the Appeal by its order dated 22nd September, 2010, however, did not decide the application of the petitioner for return f the keys. If the court had ordered that the application for handing over the keys would be decided at the decision of the Appeal, it ought to have decided the application. However, it was not done. In the circumstances, the petition is allowed and the appellate court is directed to decide the application of the petitioner for handing over the keys to him on its own merit, though the appeal is decided and disposed of. 4 Rule is made absolute to the extent indicated above. [D.G. KARNIK, J.]