1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5315 OF 2008 Rosary Education Group. ..Petitioner. V/s. M/s.Karan Associates. ..Respondent. Mr.Y.S.Jahagirdar, Sr.Counsel with Tejesh Dande for petitioner. Mr.R.D.Soni i/b. M/s.Ram & Co. for Respondent. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : AUGUST 8, 2008. DATE : AUGUST 8, 2008. DATE : AUGUST 8, 2008. P.C. : P.C. : P.C. : 1. I am in agreement with the approach of the Court below in rejecting the Application for permission to cross-examine the Court Commissioner at this stage. The Court below has rightly observed in the penultimate paragraph that unless the Court Commissioner is examined as defendant’s witness, the report cannot form part of the record and cannot become piece of evidence. Hence, no interference in exercise of writ jurisdiction is warranted. Petition is rejected. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)