wp4711.11.odt 1/2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETN. NO.4711/2011 Madhusudan Khandu Paraye -vs- Pandharinath Namdeo Gat and others ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders. ------------------------------------------------------------------------------------------------------------------------------------ Shri S.S.Deshpande, counsel for the petitioner. CORAM : SMT. VASANTI A. NAIK, J. DATE : 21.09.2011. By this petition, the petitioner impugns the order passed by the trial Court on 23/06/2011 rejecting an application filed by the petitioner for local / spot inspection. The trial Court rightly rejected the application filed by the petitioner on the ground that the petitioner had previously applied for appointment of a Court Commissioner and though the application filed by the petitioner was allowed, the petitioner did not take steps to implement the order and filed a pursis stating therein that he did not wish to get the property measured from the Court Commissioner. Since the petitioner did not avail the benefit of the order passed in favour of the petitioner on an application for appointment of Commissioner, the trial Court held that the application for spot inspection could not have been granted, specially when the matter was fixed for arguments. wp4711.11.odt 2/2 Since there is no merit in the writ petition, the same is dismissed with no order as to costs. JUDGE KHUNTE