1 wp10788.10 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 10788 OF 2010 _____________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court’s or Judge’s orders orders or | directions and | Registrar's orders | _____________________________________________________________________ Mr. Ashwin Sakolkar holding for Mr. V.J. Sakolkar, Advocate for the petitioner. Mr. A.S. Sabnis holding for Mr. S.P. Shah, Advocate for respondents. 1. Heard Advocate Mr. Ashwin Sakolkar for petitioner and Advocate Mr. A.S. Sabnis for respondent nos.1 and 2. 2. In a suit for declaration and injunction filed by the petitioner, the trial Court has refused to grant application under Order 26 Rule 9 of the Civil Procedure Code. The contention of the petitioner is that the application was not moved with intention to collect evidence. The petitioner is in possession and hence the Commissioner was only required to note the said fact. Learned Counsel states that it is additional material to substantiate the existing possession of the petitioner. 2 wp10788.10 3. Learned Counsel for respondent nos.1 and 2 has supported the impugned order. 4. Perusal of the impugned order reveals that trial Court has after considering all relevant material found that the appointment was for the purpose of collecting evidence and that exercise was not necessary as issue could have been decided on the strength of material available on record. As I do not notice any jurisdictional error or perversity, the Petition is not entertained. No costs. (B.P. DHARMADHIKARI) JUDGE. 18.02.2011 gas/wp10788.10