1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 4354 OF 2010 (Smt. Karuna B. Patle vs. Shri Motilal U. Pardhi) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. NOVEMBER 29, 2010. Heard Shri Motwani, learned counsel for the petitioner and Shri Sharma, learned counsel for the respondent. The defendant has filed this petition challenging the order of appointment of Commissioner passed by Civil Judge, Junior Division, Tumsar. Shri Sharma, learned counsel states that the order is already executed and report of Commissioner has already come on record. Shri Motwani, learned counsel points out that the hearing on Exh. 5 has yet not taken place and report which has come on record is still not looked into. He further states that the defendant has also filed an independent application for the same purpose stating that a qualified Revenue Officer should be appointed as Commissioner and that application is still to be heard. It is apparent that the petitioner – defendant has also sought appointment of Commissioner. In this situation, interest of justice can be met with by directing 2 the trial Court to consider that application for appointment of Commissioner before proceeding further with the matter. The said application shall be decided on its own merits in accordance with law at the earliest. With these directions and observations, present petition is disposed of. No costs. A copy of this order be furnished to the parties. JUDGE *GS.