1 Ash FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1523 OF 2010 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. Shri Tushar Sonawane for the Petitioner. -- CORAM : A.S.OKA, J. DATE : 4TH MARCH, 2010 P.C.: . An application for appointment of Court Commissioner made by the Petitioner/Plaintiff has been rejected by the impugned order. The said application has been made at a stage when an application for temporary injunction at Exhibit-5 was pending. Learned counsel appearing for the Petitioner is right in submitting that the reasons recorded in the impugned order are contrary to the law laid down by this Court in the case of Ramchandra S/o Bhikaji Jagtap v. Dudharam Langruji Padvekar Dead Through L.Rs. Bulkabai Padvekar, [ 2004(1) Mh.L.J. 278 ]. It is true that considering the 2 nature of controversy involved, this was a fit case for appointing a Survey Officer under the Maharashtra Land Revenue Code, 1966 as the Court Commissioner. 2. The suit is not yet ready for hearing. Notwithstanding the impugned order, it will be open for the Petitioner to make a fresh application for the same relief after the issues are settled. If fresh application is made, the same will be decided on its own merits and without being influenced by the observations made by the Trial Court in the impugned order. Subject to what is observed above, Writ Petition is not entertained and the same is rejected. (A.S.OKA, J)