jpc 1 wp10426-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 10426 OF 2011 M/s Shakuntala Builders & Developers Through its Proprietor Shri Gajanan Motiram Patil ... Petitioner Versus M/s Divyesh Construction Pvt. Ltd. and others ... Respondents Mr. R. D. Suryawanshi for the petitioner Mr. P. K. Dhakephalkar, Senior Counsel i/by M/s Gordhandas & Fozdar for respondent no.1 CORAM: R. M. SAVANT, J. DATED : 20th December, 2011 P.C. : 1. The above petition takes exception to the order dated 21st October, 2011 by which order the application Exh.24 filed by the respondent no.1 herein for appointment of the Court Commissioner came to be allowed and Advocate Smt. Vaishali Dhanke came to be appointed as Court Commissioner. The said order is challenged principally on the ground that the appointment of Court Commissioner would result in the collection of evidence at the behest of the Court. 2. The learned senior counsel appearing on behalf of the respondents makes a statement that respondent no.1 seeks to withdraw jpc 2 wp10426-11.sxw the said Application No. 24 and file an application under Order 39 Rule 2A of the Code of Civil Procedure and thereafter file an application for appointment of the Court Commissioner. 3. In view of the above statement made by the learned senior counsel, the above petition does not survive. However, it would be open to the respondent No.1 to file an application invoking Order 39 Rule 2A of the Code and thereafter file an application for appointment of the Court Commissioner, if so advised. If such an application is filed for appointment of Court Commissioner, needless to state that same would be considered on its on merits and in accordance with law. 4. With the aforesaid observation, the Writ petition is disposed of. (R. M. SAVANT, J.)