(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Writ Petition No. 3262 of 2009 Ashok Digambar Dhole & 3 others. .. Petitioners. versus Sau. Shubhangi Dattatraya Kate & another .. Respondents. .................. Mr. S.V. Deshmukh, Advocate, holding for Mr. S.T. Shelke, Advocate, for the petitioners. .................. CORAM : B.R. GAVAI, J. DATE : 22ND JUNE 2009. COURT’S ORDER : 1. By way of present petition, the petitioners have challenged the order dated 5th January 2009, passed by the learned Joint Civil Judge (Junior Division), Shevgaon, below Exhibit 46 in Regular Civil Suit No. 159/2003, thereby rejecting the application filed by the present petitioners plaintiffs, praying for appointment of Taluka Inspector of Land Record to measure the suit land and to show encroachment made by the defendants in the property. (2) 2. The trial court, while rejecting the application, has found that the court commissioner cannot be appointed to collect evidence in support of case of the plaintiffs. It has further been found that if is for the plaintiffs to prove their case by adducing oral as well as documentary evidence. 3. In that view of the matter, no perversity could be found with the approach adopted by the trial court, so as to warrant interference in exercise of extraordinary jurisdiction of this court under Article 227 of the Constitution of India. 4. Hence, the petition is dismissed. ( B.R. GAVAI ) JUDGE ...................... bgp/wp3262