SSM 1 18.wp.9580.10 IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9580 OF 2010 Mrs. Afsari Begum B. S. Nazir and others ....Petitioners Versus Harish Rehwani and others ....Respondents ______ Mr. Mahendra Agvekar with Sayed Ali B. S. Nazi for the Petitioners. CORAM: B. R. GAVAI, J. DATED : 23 rd FEBRUARY, 2011. P.C.: By this Petition, the Petitioner challenges the order dated 23 rd September, 2010 below Exhibit-67 in the R.C.S. No. 246 of 2006 vide which application filed by the present Petitioner for appointment of Court Commissioner came to be rejected. 2. The learned Counsel for the Petitioner submits that in order to establish the case of the Petitioner regarding necessary SSM 2 18.wp.9580.10 repairs, it was necessary that the Court Commissioner ought to have been appointed. 3. The jurisdiction under Order 26 Rule 9 of the CPC is discretionary jurisdiction. Unless it is noticed that discretion exercised by the learned Trial Court has been exercised in a perverse manner, no interference would be warranted in the extra ordinary jurisdiction under Article 227 of the Constitution of India. 4. The Petitioner can very well plead to establish that the repairs are necessary in respect of his claim. Rejected. (B. R. GAVAI, J.)