MP 1 wp790_11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 790 OF 2011 Shri Bapu Payappa Wani .. Petitioner Versus The Sarpanch, Grampanchayat, Kolhapur and another .. Respondents Mr. P. M. Arjunwadkar for the Petitioner. CORAM : B.R. GAVAI, J. THURSDAY, FEBRUARY 03, 2011 P. C. : By way of present petition, the petitioner challenges the order dated 8th July 2010 vide which the application filed by the petitioner for the appointment of the court commissioner came to be rejected. 2. The learned Counsel for the petitioner submits that in view of the inaction on the part of the Grampanchayat in keeping the drainage open, the field of the petitioner has been damaged as all the dirty contaminated water is flowing to his field. The learned Trial Judge while rejecting the application has found that it is always open to the petitioner-plaintiff to prove the facts pleaded by him by leading the cogent evidence. It has been further found that the court commissioner cannot be appointed for the purpose of collecting evidence in support of the party. MP 2 wp790_11 3. The jurisdiction under Order 26 Rule 9 is a discretionary jurisdiction. Unless it is found that the jurisdiction is exercised in a perverse manner, it is not permissible for this Court to interfere with the same in the extra-ordinary jurisdiction under Article 227 of the Constitution of India. No perversity is noticed in the approach adopted by the learned Trial Court to warrant interference. Hence rejected. (B.R. GAVAI, J)