1 WP No.3678/11 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3678 of 2011 Ramchandra Ramuji Waghule ... Petitioner versus Vithal Ramuji Waghule and ors. ... Respondents ... Mr.S.A. Sawant for the petitioner. CORAM : D.G. KARNIK, J DATED : 17th June 2011 P.C. 1. Application by the petitioner for appointment of court commissioner was rejected by the trial court. That order is impugned in this petition. 2. Counsel for the petitioner submitted that commissioner should have been appointed for the purpose of submitting a report as to (i) the direction in which the properties were sloping, (ii)in which direction the water was flowing and (iii) for reporting whether the water from the bore well of Savleram Genu Wagule had been brought to the land. Petitioner can always adduce independent evidence in respect of all the three matters for which the court commissioner was sought to be appointed. 2 WP No.3678/11 3. It is settled principle of law that court commissioner cannot be appointed for collecting the evidence. Appointing the commissioner in the facts and circumstances of the case would amount to collection of the evidence by the commissioner which cannot be done. There is no merit in the writ petition which is rejected summarily. (D.G.KARNIK, J)