1 wp-9451.11.sxw lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9451 OF 2011 Shri Nivrutti Shivaji Maskar & ors. : Petitioners versus Shri Sambhaji Kisan Patil & ors. : Respondents. Mr.Bhushan Walimbe i/by Mrs Preeti B Walimbe for the Petitioners. CORAM : R M SAVANT, J. DATE : 14th December 2011 P.C. 1 The order impugned in the above Petition is one dated 20/09/2011 passed by the learned Civil Judge, Junior Division, Shirala by which order the application preferred by the Plaintiffs for appointment of Court Commissioner has been rejected. 2 In the facts and circumstances of the present case, the trial Court has observed that appointment of court commissioner would only lead to collection of evidence at the behest of the Court. The reasons mentioned by the trial Court cannot be faulted with. In that view of the matter no case for interference in the Writ Jurisdiction of this Court under Article 227 of the Constitution of India is made out. The above Writ Petition is accordingly dismissed. It is made clear that dismissal of the above Petition would not come in the way of the Petitioners to prove their possession in accordance with law. [R.M.SAVANT, J]