FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGBAD. __________________________________________________________________________________________________________________________________________________________________________ Office notes, office Memoranda of coram, appearance, court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ____________________________________________________________________________________________________________ WRIT PETITION NO.6634/2009 1. Heard respective counsel for the parties. 2. Rule. Rule made returnable forthwith. Heard finally by consent of the parties. 3. Learned counsel for the petitioners pointed out paragraph No.7 of the order passed by the trial court. According to him on June 29, 2009 after hearing the arguments, purshis came to be filed on behalf of the original plaintiff informing the court that plaintiff does not want to proceed with the application Exh.17 and Exh.19. He submitted that plaintiff, if wishes to place on record documentary evidence or any other evidence, he can produce the evidence but then he cannot use the court machinery for collecting the evidence. Per contra, learned counsel for the respondent supports the order passed by the trial court. 4. I have considered the submissions of the counsel for the parties, order passed by the trial court, paragraph No.7. The learned Judge in impugned order has referred to appointment of the receiver, commissioner and happening. Learned Judge ultimately recorded a finding that issue of identification of the property is involved in the case. He, therefore, passed an order impugned in this writ petition. T.I.L.R is appointed and directions have been given. Both parties are having their own contentions so far as title of the property is concerned. I am restraining myself from making any observation on this issue. Considering the submissions made, I am convinced that no case for invocation of extra ordinary jurisdiction is established. In other words order impugned is reasoned, legal and proper. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGBAD. __________________________________________________________________________________________________________________________________________________________________________ Office notes, office Memoranda of coram, appearance, court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ____________________________________________________________________________________________________________ 5. Writ petition stands dismissed. No order as to costs. Rule discharged. ( S. B. DESHMUKH, J. ) * * * Dt :- 24.02.2010 aaa/6634.09