1 WP No.4134/11 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4134 of 2011 Nana Vithal Mhalaskar ... Petitioner versus Surekha Sumat Devkar and ors. ... Respondents ... Mr.V.B. Tapkir for the petitioner. CORAM : D.G. KARNIK, J DATED : 1st July 2011 P.C. 1. Apart from the fact that the impugned order is interlocutory, it also calls for no interference on merits. 2. Petitioner is the original plaintiff. He made an application for appointment of a court commissioner for the purpose of inspection of the suit property to report whether there was any structure in the suit property. If any structure exists in the suit property, petitioner can certainly adduce the evidence regarding existence of the structure. He can also take the photographs of the alleged structure and produce the photographs and examine the photographer. 2 WP No.4134/11 3. It is settled principle that a court commissioner cannot be appointed for collecting the evidence. The trial court has rightly rejected the application. No interference is called for. Writ Petition is rejected summarily. (D.G.KARNIK, J)