JUDGMENT :

MILIND N. JADHAV, J.

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

“(a) that the records and proceedings of Order dated 06.09.2021 passed by the Ld. 3rd Jt. C.J.S.D. Kalyan in an application filed for appointment of Court Commissioner below Exh.61 in R.C.S. No. 276 of 2016 be called for and after examining the legality, validity and propriety thereof the said impugned order dated 06.09.2021 passed by the Ld. 3rd Jt. C.J.S.D. Kalyan in an application filed for appointment of Court Commissioner below Exh.61 in R.C.S. No. 276 of 2016 be quashed and set aside.”

2. The Petitioner is the original Defendant No. 2 whereas Respondent No. 1 is the original Plaintiff. The impugned order dated 06.09.2021 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