*1* IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7824/2009 Mahadev Pralhad Girme and another. ..Petitioners -VERSUS- Popatrao Raghunath Vaghmare and others. ..Respondents ............... Mr.Milind Deshmukh, Advocate for the Petitioners. Mr.Surel S. Shah, Advocate for the Respondents. ............... CORAM: A.P. DESHPANDE, J. Dated 26th November, 2009. PC:- 1 This petition is directed against an interlocutory order passed below Exhibit-114 dated 14.07.2009. The Petitioners/ Plaintiffs have instituted a suit for perpetual injunction against the Respondents/ Defendants with a view to restrain them from encroaching upon the suit property and thereby, obstructing the Plaintiffs’ enjoyment thereof. In the said suit, on an application moved by the Plaintiffs, T.I.L.R. was appointed as Court Commissioner for measurement. After carrying out the measurement, the Court Commissioner has placed on record his report along with Map. The said Commissioner has also been examined as witness by the Plaintiffs. After completion of deposition of the Commissioner yet another application at Exhibit-114 came to be moved by the Petitioners making a request for appointment of *2* another Commissioner to carry out the same job as was assigned and carried out by the earlier Court Commissioner. The Court has rejected the said application and hence, the present Writ Petition. 2 It is settled position in law that only if the Court deems it necessary to seek elucidation in the matter of any dispute then the Court can appoint the Commissioner and the Commissioner should not be appointed to collect the evidence. The Trial Court had already appointed the Commissioner and the said Commissioner has also submitted his report on record and he has also been examined. Thus, the impugned order, rejecting the application at Exhibit-114 for the same job, cannot be faulted. In the result, no interference is called for with the impugned order. Writ Petition is dismissed. 3 Though the Writ Petition is dismissed, however, as the suit is of the year 1999, I hope and trust that the Trial Court would make an endeavour to dispose of the suit as expeditiously as possible. (A.P. Deshpande, J)