1 wp763.11 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 763 OF 2011 _____________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court’s or Judge’s orders orders or | directions and | Registrar's orders | _____________________________________________________________________ Mrs. V.S. Deshmukh holding for Mr. V.D. Salunke, Advocate for the petitioner. 1. In a suit filed for permanent injunction, recording of evidence is going on, the respondent-defendant filed application for appointment of Commissioner. Trial Court after noticing that there is difference in boundaries pressed into service by both sides, thought it proper to appoint Commissioner. Trial Court has directed the Commissioner to inspect suit land and to submit its report. 2. Learned Counsel for petitioner states that appointment is only for the purpose of collection of evidence and is relying upon certain judgments to urge that such appointment is not legally permissible. 2 wp763.11 3. The boundaries given in the plaint are disputed by defendant and impugned order also records that the defendant has given some other map. Trial Court in this situation has found it proper to have correct position before it. 4. All the relevant facts are looked into. There is no jurisdictional error or perversity, the Petition is rejected. (B.P. DHARMADHIKARI) JUDGE. 01.02.2011 gas/wp763.11