1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Writ Petition No. 1669/2011 (Ashok Dayaram Bobde & another VERSUS Narendra Dayaram Bobde & others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri V.S. Bapat, counsel for the petitioners. CORAM : SMT. VASANTI A. NAIK, J. DATE : APRIL 7 , 2011 . Heard. The trial Court has not committed any error whatsoever in dismissing the application filed by the petitioners for appointment of Commissioner for assessing the damage to the petitioners’ orange trees. The trial Court rightly considered that in the present case, the petitioners/ plaintiffs had not claimed any damages for the loss caused to the orange trees due to non-supply of water by the defendant. The trial Court rightly found that the plaintiffs/petitioners was trying to collect evidence in this case by seeking an appointment of the Commissioner and were not trying to seek the appointment of the Commissioner for elucidating the matter in dispute. Since the case of the petitioners was that the orange trees of the petitioners were burnt due to non- supply of the water by the defendants in spite of grant of injunction, the trial Court rightly found that the appointment of the Commissioner would not be proper, specially when the plaintiffs had not prayed for damages. 2 Since there is no jurisdictional error in the order passed by the trial Court, the writ petition is dismissed with no order as to costs. JUDGE APTE