ssm 1 908.wp.9115.10 IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9115 OF 2010 Newitt Fernandis ....Petitioner Versus M/s. Mahanagar Estates and others ....Respondents ___________ Shri. Pankaj Das for the Petitioner. Dr. Birendra Saraf i/b Y. N. Adhia for Respondent No. 1. Mr. Vijay Shinde for Respondent No. 4. CORAM: B. R. GAVAI, J. DATED : 15 TH MARCH, 2011 P.C.: Rule. Rule is made returnable forthwith. Heard by consent. 2. By this Petition, Petitioner challenges the order dated 11 th October, 2010, vide which the learned Trial Court has allowed the Application filed by the Respondent No. 1 Plaintiff for appointment of Court Commissioner. ssm 2 908.wp.9115.10 3. Mr. Saraf, learned Counsel appearing for the Respondent No. 1 submitted that Respondent/Plaintiff does not desire to proceed with the application. In that view of matter, Application below Exhibit-5 has stand disposed off. As a result thereof, the order dated 11 th October, 2010 would no more survive. 4. The learned Trial Court is directed to decide the application filed by the Respondent No. 1 Plaintiff under Order XXXIX, Rule 1 and 2 of the Code of Civil Procedure, 1908 as expeditiously as possible and in any case within a period of six weeks from today without in any way influenced by the proceedings for appointment of Court Commissioner. 5. The Petition is, therefore, disposed with no order as to costs. (B. R. GAVAI, J)