- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.3396/2009 Babu Janardhan Giram ...Petitioner.. Versus Tukaram Apparao Paste & others. ...Respondents... ..... Shri B.S. Kudale, Advocate for petitioner. ..... CORAM: B.R. GAVAI, J. DATE: 10.06.2009 PER COURT: By present petition, petitioner challenges the order dated 17.2.2009, by which the application filed by present petitioner for appointment of Court Commissioner came to be rejected. It is the contention of petitioner that subsequent to the order of injunction passed by - 2 - learned trial Court, the respondents have made construction in an open space and for establishing the same, the Court Commissioner was necessary. It is the settled law that the Court Commissioner can not be appointed for collecting evidence in support of the case of the party. It is for the party to establish the same by leading the evidence. If it is the contention of petitioner that the respondents have made construction on an open site after an order of injunction was passed, he can very well lead the evidence in support of the said contention. In that view of the matter, no infirmity could be seen in the approach of the learned trial Court, which warrants no interference. Hence, the petition is rejected. (B.R. Gavai, J.) ndk/c106093