1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.4532 OF 2009 ... Shri Prafullchandra Chhaganlal Dalal. ...PETITIONER V E R S U S Dilipkumar Chhaganlal Dalal and others ..RESPONDENTS. Shri.J.R.Shah, Advocate for the petitioner. CORAM : B.R. GAVAI, J : DATE : 15 th JULY, 2009. PER COURT :- 1. By way of present petition, the petitioner challenges the order dated 13.04.2009 vide which an application filed by the present petitioner for appointment of Court Commissioner came to be rejected. 2- The petitioner has filed a suit against the respondents for permanent injunction. Undisputedly, all the parties are related interse to each other. In that view of the matter, an injunction was sought that the defendants No.1 and 2 should not sell any of the property mentioned in paragraph No.4 of the plaint. 3- During the pendency of the suit, an application came to be filed for appointment of court commissioner. Court Commissioner was sought to be appointed for verifying the contention of the plaintiff that the defendant No.1 had encroached upon the joint family property. Said application is rejected. 2 Hence present petition. 4- Shri Shah, the learned counsel appearing on behalf of the petitioner submits that for finding out factual position, it would be necessary that report of the Court Commissioner was placed on record. 5- The learned Trial Court while rejecting the application has found that, since it was the contention of the plaintiff that the defendants have encroached on the joint family property, it was possible for him to get the site measured. The learned trial Court further found that an application, which is in the nature of collecting evidence for a party cannot be allowed. 6- 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 the Constitution of India. Hence rejected. ( B. R. GAVAI ) JUDGE ..... aaa/wp4532.09