wp6275.10 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.6275 OF 2010 1) Vinayak s/o Vasudeorao Kamtikar, R/o-Yeshwantnagar, Satara, Tq. & Dist-Aurangabad and others. ...PETITIONERS. VERSUS 1) Alimiya Khan s/o Banekhan, R/o-Deolai Chowk, Satara, Tq. & Dist-Aurangabad and another. ...RESPONDENTS. ... Shri.M.K. Deshpande Advocate for Petitioners. Shri.P.F. Patni Advocate for Respondents. ... CORAM: NARESH H. PATIL, J. DATE : 30TH SEPTEMBER, 2011. PER COURT : 1. Heard learned counsel appearing for the respective parties. wp6275.10 2 2. I have perused the impugned order dated 9th April, 2010 passed by the learned trial Court on the application filed by the original plaintiff for appointment of Court Commissioner. 3. Learned counsel for the Petitioner submitted that the trial Court has power to order local investigation. In support of his submission, learned counsel placed reliance on the reported Judgment in the case of Yeshwant Bhaduji Ghuse vs. Vithobaji Laxman Ladekar, 2010 (3) Mh.L.J. Page 956. 4. I have perused the Judgment cited before me. Injunction order was operating against the defendants. The suit is pending for evidence since the year 2007. Considering the facts of the case, the learned trial Court rejected the application. In exercise of extra ordinary writ jurisdiction under Article 227 of the Constitution of India, I wp6275.10 3 do not find it to be fit case to interfere in the impugned order (Ref: Shalini Shyam Shetty and another vs. Rajendra Shankar Patil, 2010 (8) S.C.C. Page 329). The Writ Petition is rejected, summarily. [NARESH H. PATIL, J.] asb/SEPT11