Lsp IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT PETITION NO. 561 of 2009 Shri Babasaheb Babu Walvekar ...Petitioner V/s. Shri Shamsuddin Imamuddin Inamdar & ors. ...Respondents Mr. P.D.Pise for the petitioner. CORAM CORAM CORAM : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. DATED DATED DATED : 22ND JANUARY, 2009 : 22ND JANUARY, 2009 : 22ND JANUARY, 2009 P.C. . Heard Counsel for the petitioner. The purpose of appointing Court Commissioner cannot be for collecting evidence. The factum as to whether there is encroachment can be established by the plaintiff by producing evidence including by relying on the earlier Commissioner’s report. . In the circumstances, no interference is warranted in the exercise of writ jurisdiction. Dismissed. [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.]