IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.1546 OF 2010 Shrikant s/o Vaijinath Vibhute & anr. ... PETITIONERS VERSUS Vishnu s/o Janardan Gite 7 ors. ... RESPONDENTS ..... Shri R.V. Naiknavare, Advocate for petitioner – absent ..... CORAM: K.U. CHANDIWAL, J. DATE : 29th September, 2010. PER COURT: 1. Counsel for the petitioner was absent when the matter was called on 27.9.2010. Same position is today. Application under Order 39 Rule 1 and 2 is pending before the learned trial Judge. It can be decided on its own merits. Another application for appointment of Commissioner was moved by the plaintiff on 30.11.2009. The order of appointing Commissioner is questioned in this Writ Petition. Since the counsel is not prosecuting the matter, writ petition is dismissed. (K.U. CHANDIWAL) JUDGE fmp/wp1546.10