1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B. Civil Writ Petition No.7127/2008 Vishambhar Dayal & Another Versus Dwarka Prasad & Another Date of Order :: 30th July, 2008 PRESENT HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN Mr. Amardeep Atwal for the petitioners BY THE COURT: Heard learned counsel for the petitioners. 2. The petitioners filed an application under Order 39 Rule 2(A) CPC in the trial court for disobedience of the stay order. During the pendency of that application, he moved an application for appointment of Commissioner to go and prepare a report of the disputed site. The said application has been rejected by the trial court vide order dated 18th December, 2007 which, is under challenge in this writ petition. 3. I have considered the submissions of learned counsel for the petitioners in the light of reasons assigned by the trial court 2 court and after considering the same, I do not find any force in the writ petition. The concerned court has observed that purpose of appointment of Commissioner is not to collect evidence for any particular party. The applicant has to prove his own case by producing photos and oral evidence. I do not find any merit in this writ petition and the same is, accordingly, dismissed in limine. (NARENDRA KUMAR JAIN),J. DK