1 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.3953 of 2010 Kallappa Jinappa Shedbale ... Petitioner versus Sunanda Chandrakant Patil & Anr ... Respondents ... Mr.Vijay Killedar for the petitioner. CORAM : D.G. KARNIK, J. DATED : 09th June 2010 P.C. 1. By this writ petition, petitioner challenges the order dated 9th April 2010 passed by the Civil Judge, Junior Division, Miraj rejecting the application by defendant no.2 for appointment of a Court Commissioner. The order is interlocutory in nature and requires no interference. 2. Learned counsel for the petitioner however submitted that learned Judge has made certain observations in paragraph no.7 of the order regarding jurisdiction of the Court. The defendant has made a separate application at Exhibit 102 contending that the Court has no jurisdiction. Without any opportunity to the defendant regarding the point of jurisdiction, the observations in paragraph no.7 have been 2 made and they may affect his rights. As the defendant no.1 has made separate application challenging jurisdiction of the court, and it was not heard simultaneously with the application for appointment of Commissioner, the Court ought not to have made any observation regarding the jurisdiction. Hence, it is clarified that any observations made in the order dated 9th April 2010 regarding its jurisdiction would not be taken into consideration by the Court while hearing Exhibit 102 or any other application regarding jurisdiction of the Court. 3. With this observation, writ petition is rejected summarily. (D.G. KARNIK,J.)