1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 7280 OF 2009 Youraj s/o. Tarachand Kholwal and others. .. Petitioners Versus Sanjay s/o. Lalchand Kholwal and another. .. Respondents. Shri Y.I. Thole, Advocate for the petitioners CORAM : B.R. GAVAI,J. DATE : 18th November, 2009. ORAL ORDER :- 1] By way of present petition, the petitioner challenges the order dated 25/9/2009, passed by the Jt. Civil Judge J.D. Gangapur, vide which the application filed by the present petitioner for appointment of court commissioner came to be rejected and the order dated 9th October, 2009,thereby rejecting the application for review of the said order. 2 2] The plaintiffs have filed a suit for perpetual injunction restraining the defendants from causing obstructions in the peaceful possession of the plaintiffs. The suit is resisted by the defendants. In the said suit, an application came to be filed under Order 26 Rule 9 for appointment of court commissioner so as to ascertain the position regarding possession. The said application is rejected. Thereafter, an application for review of the said order was filed. The same is also rejected. Hence, the present petition. 3] The trial court, while rejecting the application has found that the application was in the nature of collecting evidence in support of the claim of the defendants regarding their possession. It has been held by the trial court that the application which is in the nature of seeking collection of evidence cannot be allowed. On the same ground, the review application is also rejected. 4] No perversity is found with the approach adopted by the trial court. Hence, the writ petition is rejected. [B.R. GAVAI,J.] Grt/-