1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.5758/2010 ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ By this petition, the petitioners are challenging the order dated 3.4.2010 passed by the learned 5th Joint Civil Judge (J.D.), Osmanabad, on applications (Exhs.37 % 41) filed in suit (RCS No.118/2009). By that order, the trial Court has appointed Court Commissioner in order to examine whether there is a slope to agricultural land Gut No. 212 and the other aspects, which are stated in the operative part of the order. Shri Gaikwad, learned counsel for the petitioners, would submit that appointment of an expert is necessary for such purpose and mere visit to the place by the Court Commissioner, who is only an Advocate, may not suffice the 2 purpose. He further submits that plaintiff himself is an Advocate practising at Osmanabad, and, therefore, conduct of inspection by the Commissioner may not be fair. I do not agree. The trial Court may appoint any person of some standing at the Bar so as to dislodge such kind of apprehension. The impugned order is rendered in discretion of the trial Court, which is not found to be perverse. Hence, the petition is disposed of. The petitioners are, however, at liberty to apply for appointment of another Commissioner at their own costs if the report of Court Commissioner will not be acceptable to them. (V. R. KINGAONKAR , J) Dt/- 12.07.2010 ndk/c1271015