1 WP 4197.2011 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 4197 OF 2011 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : S.V. GANGAPURWALA, J. DATE : 17/06/2011 PER COURT : 1. The petitioner is the original plaintiff, who had filed Suit for simplicitor injunction. During the pendency of the said Suit, the petitioner had filed an application for appointment of Commissioner. The said application is rejected. Aggrieved thereby, the present petition is filed. 2. Mr. P.D.Suryawanshi, the learned counsel for the petitioner submits that the Court below has failed to consider the decree passed in earlier Suit. Even the position of the land has not been considered. The Court while passing the impugned order has committed an error in observing that the land of the plaintiff is far away from the said stream. The said observations are 2 WP 4197.2011 perverse. The appointment of commissioner was to assist the Court in bringing forth the actual situation. 3. The exercise of jurisdiction under Order XXVI Rule 9 of the Code of Civil Procedure is discretionary. The trial court has come to the conclusion that the appointment of commissioner is not necessary at the stage of hearing of temporary injunction application. 4. In such circumstances, no error is committed by the court below. As such, the Writ Petition is dismissed, however with no order as to costs. [ S.V. GANGAPURWALA,J. ] KNP/WP 4197.2011