1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.4341 OF 2009 ... Ramesh Ganpatrao Kottawar ...PETITIONER V E R S U S Anil s/o Seetaram Runwal. ..RESPONDENT. Shri.A.I.Deshmukh, Advocate for the petitioner. CORAM : B.R. GAVAI, J : DATE : 15th JULY, 2009 PER COURT :- 1. By way of present petition, the petitioner challenges the order dated 18.07.2008 vide which an application filed by the present petitioner for appointment of Court Commissioner came to be rejected. 2- The plaintiff has filed a suit for recovery of vacant possession of the plot No.56. During the pendency of the present petition, application came to be filed for appointing Taluka inspector of Land Records as a Court Commissioner for measurement of plot Nos. 48 to 57 in S.No.105 for finding out the actual position. 3- The learned trial court has found that the suit is for recovery of possession. It is for the plaintiff to prove his case by leading cogent evidence and court commissioner cannot be appointed to gather the evidence and prove the case. 4- In that view of the matter, no perversity or infirmity could be found with the approach adopted by the trial court so as to warrant interference in exercise of extra ordinary jurisdiction of this Court under Article 227 of the Constitution of India. Hence rejected. ( B. R. GAVAI ) JUDGE aaa/wp4341.09. ***