IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 640 OF 2007 MR. SAHAJANAND INVESTMENTS PRIVATE LIMITED THROUGH DIRECTOR RASIKLAL M. GANGANI ... Petitioner Versus M/S. LANDSCAPE DEVELOPERS AND 2 ORS., ... Respondents Mr. Rohit Bras De Sa, Advocate for the Petitioner. Mr. Nitin Sardessai, Advocate for the Respondent. Coram:- S.C. DHARMADHIKARI, J. Date:- 21st July, 2008 P.C. 1. The petitioner challenges the order passed on 25.10.2007 rejecting the request of the petitioner/plaintiff for appointment of Commissioner. 2. The Advocate for the petitioner states that the petitioner has yet to examine the witnesses. Further, petitioner is desirous of examining an Expert. In such circumstances, the Counsel for the petitioner/original plaintiff seeks withdrawal of the application (Exbt.4), with liberty to file another application for identical relief at a later stage. 3. In the light of this statement of the plaintiff's Counsel and considering objections to the appointment of the Court Commissioner raised by the original defendant open relief is granted to withdraw the application with liberty to file fresh application for appointment of Court Commissioner at a subsequent stage. The petition disposed of. S.C. DHARMADHIKARI, J. cg