{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.7630 OF 2010 Jambu s/o Sopan Bhosale Petitioner Versus Raghunath s/o Namdeo Sarwade and another Respondents Mr.Abhijit S. More, advocate for petitioner CORAM : R.M.BORDE, J. DATE : 20 th October, 2010 PER COURT: 1 An application was presented by the petitioner – plaintiff seeking appointment of Court Commissioner for purposes of local inspection. 2 The trial Court has turned down the application observing that plaintiff has to first of all establish the factum of existence of the road and thereafter question of local inspection would crop up. 3 Considering the observations made by the trial Court, it would be appropriate for the petitioner to lead his evidence first and after leading evidence, at an appropriate stage, if deemed necessary, may renew his request for making appointment of {2} Court Commissioner for local inspection. The trial Court may, after considering all the relevant circumstances, proceed to consider such request, if made at an appropriate stage without being influenced by the earlier order passed by trial Court. Petition does not call for any interference. 4 Writ Petition, therefore, stands rejected. R.M.BORDE JUDGE adb/wp763010