1 wp10923.10 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.10923 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. S.T. Shelke, Advocate for petitioners. Mrs. V.A. Shinde, AGP for respondent No.1. Mr. Y.M. Khan, Advocate for respondent No.3. 1. Heard Advocates Mr. S.T. Shelke for petitioners, Mr. Y.M. Khan for respondent No.3 and learned A.G.P. for respondent No.1. 2. Petitioner-plaintiff sought appointment of Court Commissioner after cross examination of defendant No.3 had begun. The trial Court has found nothing but delaying tactics and further recorded that plaintiff wants to collect evidence in relation to issue which did not call for consideration in this suit. 2 wp10923.10 3. Learned Counsel for petitioner-plaintiff states there is no Mosque in entire village and hence, verification through Commissioner is essential. It is obvious that fact which can be proved by leading evidence is sought to be brought on record by seeking appointment of the Commissioner. 4. I do not find anything wrong with approach of the trial Court. Trial Court also found that suit is already made time bound. 5. In this situation, I am not inclined to interfere. Present petition is, therefore, rejected. No costs. (B.P. DHARMADHIKARI) JUDGE 20.01.2011 sut/Jan11/wp10923.10