1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4217 OF 2009 Navghar Manikur Nagar Parishad ..Petitioner. Versus Mohammad Yunus Abdul Vhab Khan ..Respondent. WRIT PETITION NO.4219 OF 2009 Navghar Manikur Nagar Parishad ..Petitioner. Versus Sunder S. Cikhalia ..Respondent. Mr.Atul G. Damle for the petitioner. None for the respondents. CORAM : J.P. DEVADHAR, J. DATE : 20TH AUGUST 2009 P.C. : 1. In these petitions, the petitioner has challenged the order passed by the learned C.J.J.D., Vasai, whereby the application filed by the petitioner seeking appointment of court commissioner to bring out the actual situation of the suit property has been rejected. The reason given by the learned Judge for rejecting the application is that in the very same proceedings, earlier Court Commissioner was 2 appointed to inspect the suit premises and accordingly the Court Commissioner has already visited the suit premises and made a report in that behalf. The grievance of the petitioner is that the report submitted by the Court Commissioner contains several infirmities. If there are infirmities in the report, it would be open to the petitioner to point out those infirmities to the Court and for that purpose it is not necessary to appoint the Court Commissioner once again. 2. In this view of the matter, no fault can be found with the order passed by the Court below. Accordingly, both the petitions are dismissed with no order as to costs. All contentions of the parties are kept open. (J.P. Devadhar, J.)