1 WP 8730.2011 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 8730 OF 2011 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. M.B.Kolpe, Advocate for the Petitioner. ......................... CORAM : S.V.GANGAPURWALA, J. DATE : 17/11/2011. PER COURT : 1. The petitioner is the original defendant. During the pendency of the Suit, the petitioner filed an application for local inspection i.e. for appointment of Court Commissioner to visit the site and to inspect the property Gram Panchayat house Nos. 280,281 and 282 and further to submit the report that there is no other way for ingress and igress. The said application is rejected. Aggrieved thereby, the present Writ Petition is filed. 2 WP 8730.2011 2. Mr. Kolpe, the learned counsel for the petitioner submits that the plaintiff and the defendants are the co-owners. The plaintiff has wrongly stated that he is the owner and has deliberately given wrong entries. The defendants have given the correct boundaries. The appointment of Court Commissioner would be in the interest of justice of both the parties and would assist for effective adjudication. The learned counsel contends that even measurement of the suit property would make it clear that the boundaries given by the plaintiff are incorrect. 3. With the assistance of the learned counsel, I have gone through the order and the application made. 4. The application which is made is only for local inspection i.e. the Court Commissioner shall visit the site and submit report about the existence of the way. The application nowhere even suggest about the appointment of Court Commissioner to measure the property. In such circumstances, the arguments of learned counsel Mr. Kolpe that measurement would be necessary to resolve the dispute can not be considered. 5. To appoint the Commissioner or not is the discretion of the trial Court. The trial Court has properly exercised the 3 WP 8730.2011 discretion. No case for interference is made out. As such, the Writ Petition is dismissed. No costs. 6. In case the petitioner makes an application for appointment of Court Commissioner for the purpose of measurement of the suit property, then the trial Court shall consider the said application on its own merits. [ S.V. GANGAPURWALA,J. ] KNP/WP 8730.2011