MAYURESH SUBHASH SONAWANE Vs. YASHWANT BABU BHOIR

JUDGEMENT

(1.) By the present Writ Petition, the Petitioner has prayed for the following reliefs:

(2.) The Petitioner is the original Defendant No.2 whereas Respondent No.1 is the original Plaintiff. The impugned order dtd. 6/9/2021 is passed by the 3rd Jt. C.J.S.D., Kalyan on application filed by the original plaintiff for appointment of Court Commissioner in R.C.S. No.276 of 2016.

(3.) Respondent No.1 (original Plaintiff) has filed suit for declaration and injunction against the Petitioner (original Defendant No.2) in respect of property bearing Survey No.35, Hissa No.5 admeasuring 0.30.8 H-R and more specifically pertaining to road having length of 130 meters and width of 7 meters crossing over from the property bearing Survey No.35, Hissa No.6, Survey No.28, Hissa No.1A and Survey No.27, Hissa No.1 belonging to the original Defendant. The dispute essentially pertains to the above road which is the subject matter of the suit. The suit stands dismissed against original Defendant Nos. 1 and 3 and is proceeded ex-parte against original Defendant No.4.