1 wp7499-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 7499/2010 Ramrao Bajirao Bhalerao .. PETITIONER VERSUS Suman Shridhar Rodage .. RESPONDENT .... Shri S.S.Rathi,Adv.for Petr. Shri A.M.Gaikwad,Adv.for respondent. .... CORAM : A.A.SAYED,J. DATE : 20/12/2010. PER COURT : 1] Rule. Rule made returnable forthwith and the petition is heard finally by consent. 2] The order dated 28/6/2010 passed by Civil Judge, Junior Division, Sailu, Dist. Parbhani, is subject matter of challenge in this petition. By that order, the Court has appointed an Advocate as a Court Commissioner, who has been directed to visit the suit land and bring on record actual position of the spot. It is now well settled that Commissioner cannot be appointed for collecting evidence. It would have been a different matter if a dispute is a boundary dispute and T.I.L.R. is appointed. 3] In the circumstances, I do not find any justification 2 wp7499-10 in the Court appointing Court Commissioner, which would amount to collecting evidence. 4] Consequently, the impugned order is set aside. Rule is made absolute accordingly. No order as to costs. (A.A.SAYED,J.) umg/wp7499-10