1 wp-9785-10.sxw mmj IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9785 OF 2010 Jijabai Ganpat Dawange ..Petitioner v/s. Haushibai Mard Gangadhar Jewughale ..Respondent Shri R.N.Gite for the Petitioner CORAM:- B.R. GAVAI, J DATED :- 1st MARCH, 2011. P.C. 1 By way of this Petition, the Petitioner challenges the order dated 25-10-2010, by which, the Application filed by the present Petitioner for appointment of the Court Commissioner is rejected. 2 The Learned Counsel for the Petitioner submits that the observation made by the Learned Trial Court in the order impugned are contrary to the observations made in the order dated 1-12-2003 while granting injunction. 3 The jurisdiction under order 26 Rule 9 of Civil Procedure Code is discretionary jurisdiction. Unless it is noticed that the discretion has been exercised in a perverse manner, it is not permissible for this Court to interfere with the same. The Learned Trial Court has given sound and 2 wp-9785-10.sxw cogent reasons for rejecting the application . 4 In that view of the matter, no interference is warranted. 5 In so far as, the contention of the Petitioner regarding the erection of three iron poles by the Respondents and removal of the same is concerned, the Petitioner can very well lead the evidence in that regard before the Trial Court. 6 The Petition stands dismissed with no order as to costs. (B.R. GAVAI, J)