{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5406 OF 2010 Ramesh s/o Narayan Gosavi Petitioner Versus Vishnu s/o Gulabpuri Gosavi and others Respondents Mr.N.V.Gaware, advocate for petitioner Mr.P.B.Shirsath, advocate for respondents no.1 & 2. CORAM : R.M.BORDE, J. DATE : 14 th September, 2010 PER COURT: 1 An application tendered by the petitioner – original defendant no.1, requesting the Court to appoint Court Commissioner for local inspection, has been turned down by the trial Court in view of the order passed on 13.04.2010. 2 Suit is presented by Respondents no.1 & 2 claiming decree of perpetual injunction and same is pending for disposal. Defendant No.1 preferred an application requesting the Court to appoint Court Commissioner for local inspection. It is informed that evidence in the suit has not yet been recorded. After recording of evidence, if situation warrants, defendant no.1 may renew his request and the Court, after taking into account necessity for making appointment of Court Commissioner for local inspection {2} and considering contentions of all parties concerned, may pass appropriate orders in accordance with provisions of law. No interference is called for in the petition. Writ Petition stands rejected. R.M.BORDE JUDGE adb/wp540610