1 UNREPORTED IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.2034 OF 1996. Kiran Gas Agency, Taloda, through its Proprietor, Uttam Motiram Pawar, Aged 35 years, Occ.Business and Agriculturist, Resident of Taloda, Taluka Taloda, Dist.Dhule. ... Petitioner. Versus 1. Sharad Vithal Datir, Taluka Taloda, Dist.Dhule. 2. Indian Oil Corporation, Ganesh Vandan, Shivaji Road, Nagpur. ... Respondents. ... Mr.A.B.Girase, advocate holding for Mr.R.B.Raghuwanshi, advocate for the petitioner. ... CORAM : S.V.GANGAPURWALA,J. Date : 13.08.2010. 2 ORAL JUDGMENT 1. The petitioner is original defendant. The present Respondent No.1 has filed Regular Civil Suit No.215/1991 for directions against the defendants to grant gas connection and also for a mandatory injunction that the defendant No.1 should not grant new gas connection to any third person. Along with the said suit the petitioner had also filed an application for temporary injunction. The Additional District Judge, Nandurbar, vide its order dated 8.8.1991 issued show cause notice to the defendants and directed the parties to maintain status-quo until further orders. The plaintiff also filed an application for appointment of Commissioner invoking the provisions of Order XXXIX Rule 7 of the C.P.C. The Civil Judge (S.D.), Nandurbar vide its order dated 20.8.1991 allowed the said application and appointed Commissioner for the purpose of inspection of record pertaining to the transactions dated 18.6.1991. The petitioner/original defendant No.1 has assailed the orders before this Court. 3 2. This Court vide its order dated 27.8.1991, admitted the Writ Petition and stayed the order of status-quo passed on Exh.5 and also the order of appointment of Commissioner passed below Exh.27. 3. The order of status-quo passed by the Additional District Judge has been stayed by this Court and the same is operating for more than 19 years. As far as order appointing Commissioner is concerned,the trial Judge has invoked the provisions of Order XXXIX Rule 7 of the C.P.C. which are meant to be invoked in emergent circumstances. More than 19 years have passed that the said order is stayed. Moreover, the Commissioner is appointed by the trial Court for the purpose of inspection of record The plaintiff has other remedies seeking production of the said documents on record. The plaintiff has not availed the said remedies. Moreover, the very purpose of proceeding U/o XXXIX Rule 7 of the C.P.C. has frustrated by long passage of time. 4 4. In light of the above, I set aside the impugned orders and make Rule absolute in terms of prayer clause (B) with liberty to the plaintiff to move appropriate application regarding the documents which were sought to be inspected. 5. Rule accordingly made absolute with no order as to costs. (S.V.GANGAPURWALA,J.) asp/office/wp203496