=1= IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE APPELLATE APPELLATE JURISDICTION JURISDICTION JURISDICTION WRIT WRIT WRIT PETITION PETITION PETITION NO.5931 OF 2008 NO.5931 OF 2008 NO.5931 OF 2008 Sanjay Ganpat Gurav ...Petitioner v/s Sadashiv K. Gurav and others ...Respondents Mr C.K. Pendse i/b Ms Jyoti Chavan for Petitioner. Mr S.M. Railkar for Respondents. CORAM CORAM CORAM : ANOOP V. MOHTA J. : ANOOP V. MOHTA J. : ANOOP V. MOHTA J. DATE DATE DATE : 24TH NOVEMBER 2008 24TH NOVEMBER 2008 24TH NOVEMBER 2008 P.C.- 1. The petitioner has challenged the order whereby his application for appointment of Commissioner was rejected in March 2008. The basic purpose, according to the plaintiff - petitioner, was to have auction conducted by the Commissioner to sell fruits and deposit sale proceeds in the Trial Court. The fruits proceeds undoubtedly can be a matter of dispute. Therefore, without observing anything on merit of the case at this stage, I am not inclined to interfere with =2= this order. However, liberty is granted to the petitioner to apply afresh, when occasion comes, to the learned Trial Court and the learned Trial Court shall pass appropriate order without getting influenced by the reasoning given in the order. Petition is accordingly disposed off. ( ANOOP V. MOHTA J. )