dgm gm gm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO.7450 OF 2008 PETITION NO.7450 OF 2008 PETITION NO.7450 OF 2008 Shri Kondiram Soma Mondhe Petitioner Vs. Shri Punja Kalu Mondhe Respondent. Mr.Dilip Bodake for the Petitioner. CORAM CORAM CORAM : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. DATED DATED DATED : 14th November, 2008. : 14th November, 2008. : 14th November, 2008. P.C. P.C. P.C. The petition is against two interlocutory orders. 2. By order dated 7.3.2008 the court has rejected the application filed by the petitioner/decree holder in execution to appoint Commissioner. Considering the background in the matter as the decree has final, the Commissioner was already appointed earlier; he gave a report that also remained unchallenged; and therefore as opportunity was given to move such application in execution now is rightly rejected by the court. Therefore that order needs no interference. 3. By order dated 28.03.2008 the court has issued ( 2 ) warrant under Order 21, Rule 38 of C..P.C. against the petitioner/judgement debtor as despite opportunity and notice under Order 21, Rule 37 C.P.C., the petitioner failed to appear before the court in response to the same. 4. It appears that the same Court on 7.3.2008 has passed the order and rejected the petitioner’s application for appointment of commissioner and report on issuance of notice under Order 21, Rule 37 is not part of the record, though the said notice was served. Therefore,at this stage, to give one more opportunity to the petitioner to submit his say, I am inclined to interfere with this order only to the extent that the petitioner be heard under Order 21, Rule 37 of C.P.C. and thereafter the court may pass an order afresh under Order 21, Rule 38. However, this is on condition that the petitioner will appear before the court on 24.11.2008. The court to pass appropriate order after hearing both the parties. 5. In view of this, the petition is disposed of. ( ANOOP V. MOHTA, J.) ANOOP V. MOHTA, J.) ANOOP V. MOHTA, J.)