1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 4608/2009 Rafikabi Ab. Khaliq vs. Ab. Idris Ib.Khaliq and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- CORAM : S.R.DONGAONKAR, J. DATE : 30 th JANUARY, 2009 Heard Shri Chopde, Advocate, for the petitioner. None present for respondents. The petitioner is challenging the order of appointment of Commissioner to inspect the suit site and submit the report dated 13.9.2008. The order is passed by Civil Judge, Junior Division, Akola. It is the contention of the petitioner that the petitioner had stated same things on the affidavit on 8.9.2008 and the defendant/ respondent then applied for appointment of Commissioner saying the same thing. The report of Commissioner was sought by allowing that application. According to the petitioner, this would create confusion and defendant/ respondent had sought appointment of commissioner just to say the same thing which 2 the plaintiff had made on affidavit, to get the case in his favour. I have gone through the record. The order seems to be of 30.9.2008, perhaps when crops were standing. No doubt, there is difficulty in holding that the impugned order is correct as things on which verification and report was sought, were mentioned by the plaintiff on affidavit. There seems to be no necessity of appointing the Commissioner for the very same purpose. But then now it seems that the crops may not be in the filed and therefore, the purpose for which the Court Commissioner was sought to be appointed is over. In the circumstances, the impugned order is quashed and set aside. However, it is made clear that this would not come in way of the parties, if they feel it necessary to get the map of the suit site on record for the purpose of appreciation of the matter; by appointment of Court Commissioner. Petition stands disposed of. JUDGE Rvjalit