1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 2378 OF 2009 Bhagwandas s/o. Alidas Kalda since Deceased through LRs. .. Petitioner Versus Chainmal Pannalal Kothari and others. .. Respondents -- Mr.S.V. Gangapurwala, Advocate for the petitioner. CORAM : B.R. GAVAI, J. DATE : 16TH JUNE, 2009. ORAL ORDER :- 1. By way of present petition, the petitioners challenge the orders dated 6th February, 2009 and 16th March, 2009, vide which the applications filed by the present petitioners for cross-examining the court commissioner came to be rejected. 2. The petitioner/plaintiff has filed a 2 suit for possession. In the said suit, the plaintiff himself filed an application for appointment of TILR as Court Commissioner to measure the properties. Accordingly, the TILR has submitted his report in the year 1996. After the evidence was led on behalf of the both the parties and evidence close pursis was filed, an application came to be filed by the present petitioner for cross-examining the said court commissioner. However, the learned court rejected the prayer for cross-examining the said witness. An application for review of the said came to be filed. The said application was also rejected. The petitioners, therefore, filed an application for 15 days adjournment. The said adjournment was granted. However, the said court commissioner was discharged. 3. The trial court while rejecting both these applications have found that though the report of the court commissioner is put on record in the year 1996, the petitioner has not taken any steps for a long period and only after the evidence was closed by both the parties and evidence close pursis is filed, the said application was moved for examining the court commissioner. It has been further found that the petitioner was making attempts to prolong the 3 trial. 4. No perversity could be found with the approach adopted by the trial court to warrant interference in the extraordinary jurisdiction under Article 227 of the India. Hence, the writ petition is rejected. [B.R. GAVAI, J.] grt/-