:1: IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE APPELLATE APPELLATE SIDE SIDE SIDE WRIT WRIT WRIT PETITION NO. 7446 OF 2006 PETITION NO. 7446 OF 2006 PETITION NO. 7446 OF 2006 Shri Kashinath s/o Zipru Bachhav & Ors. ... Petitioners. V/s. Smt. Noorjaha Begum w/o Bashir Ahmed. ... Respondent. .... Mr. Milind M. Sathaye for the Petitioners. Mr. M.N. Sandhyanshiv for the Respondent. CORAM CORAM CORAM : : : S.J. VAZIFDAR, J. S.J. VAZIFDAR, J. S.J. VAZIFDAR, J. 15TH 15TH 15TH JANUARY JANUARY JANUARY 2007. 2007. 2007. P.C. P.C. P.C. : : : 1. The impugned order warrants no interference. 2. It is not possible to state that the exercise of discretion by the learned Judge is totally improper. The Petitioner is not prejudiced by the appointment of the Commissioner. The apprehension that the order pre-supposses encroachment is unfounded. The order does not and cannot do so. 3. In the circumstances, the Petition is dismissed. ----