CW 7218/2008-Smt. Vijay Laxmi Vs. Om Prakash & Anr. Judgment dt.13.7.09 1/2 S.B. CIVIL WRIT PETITION NO.7218/2008 Smt. Vijay Laxmi Vs. Om Prakash & Anr. Date of order : 13th July, 2009 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. K.N. Vyas for the petitioner. Mr. S.L. Sinavadia for the respondents. ------- This writ petition has been filed against the order dated 14.7.2008 whereby the learned trial court has rejected the application of the petitioner raising objections against the appointment of the Commissioner Mr. Kishna Ram Choudhary, Advocate as Commissioner in the matter. Learned counsel for the petitioner submits that there was a grave apprehension of bias of the said Commissioner Mr. Kishna Ram Choudahry, Advocate in favour of the plaintiff Om Prakash, who is an Advocate representing the said Om Prakash also in criminal matters and also chamber mate of learned counsel for the respondent. Learned counsel for the respondent fairly submits that though a fresh Commissioner may be directed to be appointed to obtain the report of the site in question but the learned trial court may CW 7218/2008-Smt. Vijay Laxmi Vs. Om Prakash & Anr. Judgment dt.13.7.09 2/2 be directed to decide the temporary injunction matter expeditiously as due to rainy season the roof of the suit premises is damaging and causing dripping of the water in suit premises. Considering the submissions made at the Bar, this writ petition is disposed of with direction to the learned trial court to appoint a fresh Commissioner in the matter other than Shri Kishna Ram Choudhary, Advocate and obtain his report expeditiously and also the learned trial is further requested to decide the temporary injunction application expeditiously preferably within one month from today. With these observations, this writ petition is disposed of. No costs. [ DR. VINEET KOTHARI ], J. item No.26 babulal/