1 W.P.No.9502/11 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.9502 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Mr.K.B.Jadhavar, advocate for the petitioner. CORAM : S.V.GANGAPURWALA,J. Date : 13.12.2011. PER COURT : 1. Heard. 2. The present Respondent/plaintiff has filed a suit for declaration regarding the sale deed and for injunction. The present petitioners/defendants filed an application for appointment of Commissioner to inspect the present position of the suit site. The said application is rejected. Aggrieved thereby, the present petition is filed. 3. Mr.Jadhavar, learned counsel for the petitioners contends that the appointment of Court Commissioner would have assisted the Court in arriving at the just conclusion. The existing situation of the land would make the position clear. The Commissioner would be in a position to state regarding the existence of 2 W.P.No.9502/11 boundaries. Whether there is a streamlet or river and the area occupied by the streamlet or the river. Whether there are standing crops. All this position would assist the Court in coming to the just conclusion. The Court has erroneously rejected the application. 4. To appoint the Court Commissioner or not is the discretion of the Court. The Commissioner can not be appointed merely for collecting the evidence. It is for the plaintiff to prove the facts as alleged by him. The Court has observed that the appointment of Commissioner is not necessary and would not help the Court to adjudicate the matter in dispute. 5. In view of the above, no error is committed by the Court while passing the impugned order. The Writ Petition as such is dismissed. However, there shall be no order as to costs. (S.V.GANGAPURWALA,J.) Dt.13.12.2011. asp/office/wp9502.11 3 W.P.No.9502/11