1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.3747 OF 2009 Narhari Vithoba Kagne. PETITIONER. V E R S U S Satwa Vithoba Kagne and ors. RESPONDENTS. Shri A.A. Mishra, Advocate for the petitioner. CORAM : B.R. GAVAI, J : DATE : 23rd JUNE, 2009. PER COURT :- 1. By way of present petition, the petitioner challenges the order dated 29.10.2007 by which application filed by the present petitioner for appointment of T. I. L. R to measure the suit land came to be rejected. 2. The trial Court while rejecting the application has held that Court Commissioner cannot be appointed to collect the evidence in support of the case. In that view of the matter no perversity or infirmity could be found with the approach adopted by the learned trial court so as to warrant interference in exercise of extra ordinary jurisdiction of this Court under Article 227 of Constitution of India. Hence, rejected. ( B. R. GAVAI ) JUDGE aaa/wp3747.09. **** 2