JUDGMENT :

In the present Writ Petition filed under Article 227 of the Constitution of India, the petitioner who is the original defendant No. 1, has challenged the order dated 22-10-2018 passed by the learned Civil Judge, Junior Division, Khandala below Exhibit-36 in Regular Civil Suit No. 58 of 2013. Exhibit-36 was filed by original plaintiff i.e., present respondent No. 1 for appointment of Court Commissioner. It is the contention in the Application at Exhibit-36 that earlier a lady advocate was appointed as Court Commissioner, however she has not done work properly to some extent and therefore both the parties i.e., plaintiff and defendant No. 1 have filed objections to the said report. It is contended that it is necessary to appoint TILR as Court Commissioner. It is submitted that, if necessary, the earlier order of appointing Court Commissioner be cancelled and new Court Commissioner be appointed. The said Application is allowed by impugned order dated 22-10-2018 and TILR has been appointed as a Court Commissioner. The present Writ Petition challenging said order was filed on 30-1-2019. However, during the pendency of the Writ Petition, the Court Commissioner appointed pursuan