FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7069/2008 ______________________________________________________________________ ________ Office Notes,Office Memoranda Court's Judge's Orders of Coram ,appearances,Court's orders or directions and Registrar's orders Mr.Rajeev Mutkar and Dipak Dongre for the petitioners Coram : Anoop V.Mohta,J. Date : 16th October,2008. P.C. The petitioners' application u.o.39 rule 7 of the Code of Civil Procedure was rejected by holding that instead of such application the petitioner/original defendant ought to have filed application for appointment of commissioner u.o.26 of the Code of Civil Procedure and therefore , rejected his application. Admittedly no separate application for appointment of commissioner was filed. In view of this without observing on merit of this application and by keeping all the points open the present writ petition is disposed of with liberty to the petitioners to file appropriate application u.o.26 of C.P.C. if so advised. The petition is disposed of accordingly. (Anoop V.Mohta,J.)