1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 9718 OF 2010 Rambhau Namdeorao Pankhkade .. PETITIONER VERSUS Shridhar s/o Gopalrao Gathal & others .. RESPONDENTS Mr. R.V. Dasalkar, advocate for the petitioner. ===== CORAM : R. M. BORDE, J. DATE : 14 th OCTOBER, 2010. PER COURT : 1 Application tendered by the petitioner / original defendant seeking appointment of the Commissioner under Order 26 Rule 9 of the Code of Civil Procedure has been turned down by the trial court. 2 It is informed by learned counsel for the petitioner / original defendant that issues in the matter are already framed and the suit is at the stage of recording of evidence. If on recording of evidence, the petitioner makes out a case for appointment of Commissioner, he may tender an application at appropriate stage and the court may consider such application, if 2 tendered, after recording of evidence of the parties. The court shall consider the application on its own merit and in accordance with law. Rejection of the instant application at this stage will not be an impediment for consideration of such an application, if presented at appropriate stage. With these directions, the petition stands disposed of. 3 Pending civil application, if any, does not survive and stands disposed of. ( R. M. BORDE, J.) dyb/office/wp9718.10.odt