1 wp1118.11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No. 1118 of 2011 Mr. Babaso Aabaso Kapdekar ...Petitioner v/s. Mr. Aabaso Vishnupant Kapdekar & ors. ...Respondents Mr. A.M. Misal for the petitioner. CORAM:- B.R. GAVAI, J DATED :- FEBRUARY 14, 2011. P.C. By way of present Petition, the Petitioner challenges the order dated 14th December, 2010 vide which the Application filed by the present Petitioner-plaintiff for appointment of Court Commissioner is rejected. 2. The jurisdiction under Article 226 Order 9 of the CPC is discretionary jurisdiction. Unless it is found that discretion exercised by the Trial Court has been exercised in a perverse manner, it is not permissible for this Court 2 wp1118.11.sxw to interfere with the same. 3. The Learned Trial Court has found that Application was in the nature of collecting evidence in support of the case and is, therefore, rejected. No perversity is noticed in the impugned order for interference. Rejected. (B.R. GAVAI, J)