jpc 1 wp9425-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 9425 OF 2011 Dr. Rakeshchandra Kanojia and another ... Petitioners Versus Shree Jayrambhai Dayabhai Chauhan (Bytco) Charitable Trust and others ... Respondents Mr. R. D. Soni i/by M/s Ram & Co. for the petitioners Mr. Nitin Mulye for the respondent No.1 CORAM: R. M. SAVANT, J. DATED : 16th December, 2011 P.C. : 1. Rule, with the consent of the parties, made returnable forthwith and heard. 2. The above petition takes exception to the order dated 11th August, 2011 passed by the learned 5th Joint Civil Judge, Senior Division, Nashik, by which order, the application for appointment of Court Commissioner Exh. 28 filed by the plaintiffs came to be allowed and the directions contained in the operative part, clauses 1 to 7, of the said order came to be issued. 3. Having perused the impugned order, the reasons for the appointment of the Court Commissioner cannot be taken exception to. In the facts and circumstances of the case, the appointment of the Court Commissioner was warranted. However, in so far as the directions contained in clauses 1 to 7 of the operative order are jpc 2 wp9425-11.sxw concerned, same are set aside by consent of the learned counsel appearing for the parties and they are substituted by the following: 1) By consent of the parties, Shri Makrand Chindade, Architect, having his office at Flat no. 304, Ramjanki Sankul, Near Nirmala Convent School, Gangapur Road, Nashik is appointed as the Court Commissioner. 2) The Court Commissioner would inspect the suit premises, carry out measurement of the construction therein in toto and would draw an architectural map and if he deem fit, take photographs and submit the same along with his report. 3) The Court Commissioner will fix a date of inspection and time in consultation with the parties who would contact him with the instant order. Parties to approach the Court commissioner latest by 23rd of December, 2011. 4) The plaintiffs would deposit an amount of Rs.15,000/- towards fees of the Court Commissioner subject to further orders that would be passed by the trial Court. 5) After completing the Commission work as indicated by clause (2) herein above, the Court Commissioner would prepare his report and file the same in the concerned Court alongwith map and photographs(if needed). 4. Rule is accordingly made absolute in the aforesaid terms with no order as to costs. (R. M. SAVANT, J.)