1 wp-10204-11.sxw mmj IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10204 OF 2011 Prakash Vasant Shetkar & Ors. ..Petitioners Vs. Vishnu Babali Naik through Shankar Vishnu Naik ..Respondent Mr. D.A.Patil i/b M/s. Milind Parab & Associates for the Petitioners CORAM : R M SAVANT, J. DATE : 12th December 2011 P.C. 1 The above Petition takes exception to the Order dated 5­10­2011 passed by the Learned Civil Judge Junior Division, Vengurle, by which Order the Application Exhibit 53 in Regular Civil Suit No.2 of 2009, filed by the Defendants for appointment of the Court Commissioner came to be rejected. 2 The reasons given by the Trial Court in rejecting the said Application is that the survey No.34(223) Hissa No.2 is not the suit land, therefore, no useful purpose will be served by appointing the Court Commissioner. 3 In my view, no exception could be taken to the impugned Order passed by the Trial Court in the Writ Jurisdiction of this Court under Article 227 of the Constitution of India. The Writ Petition is accordingly dismissed. [R.M.SAVANT, J]