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2026 Supreme(Online)(Bom) 667

HIGH COURT OF BOMBAY
HON'BLE SHRI JUSTICE N. J. JAMADAR
M/S. SAIRAM REALITIES PVT. LTD. AND ORS – Appellant
Versus
ARUN KHANDU PATIL – Respondent


2026:BHC-AS:399 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 17727 OF 2025 Sairama Realities Pvt Ltd & Anr ..Petitioners Versus Arun Khandu Patil …Respondent Dr Uday Warunjikar, with Yash K. Jagdale, i/b Sakshi S Inamdar, for the Petitioner.

CORAM: N. J. JAMADAR, J. DATE : 5th JANUARY 2026 ORDER:

1. Heard Dr Warunjikar, the learned Counsel for the Petitioners.

2. The challenge in this Petition is to an order dated 2nd December 2025, passed by the learned Civil Judge, Junior Division, Khalapur, District Raigad-Alibag, whereby an Application preferred by the Plaintiff for appointment of the Court Commissioner under the provision of ARUN RAMCHANDRA SANKPAL Order 26 Rule 9 of the Code of Civil Procedure, 1908 (“the Code”), Digitally signed by ARUN RAMCHANDRA SANKPAL Date: 2026.01.07 17:31:24 +0530 came to be allowed and Taluka Inspector of Land Records (“TILR”), Khalapur, has been appointed as a Court Commissioner to measure the Suit property and submit a report along with a map, including the encroachment, if any.

3. The Respondent-Plaintiff has instituted a Suit with the assertion that the property of the Defendants bearing Survey Nos. 25/2 and

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