1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 9518 OF 2010 Appa s/o Kashinath Walunjkar and another ...Petitioners Versus Mahadeo s/o Bhagwan Walunjkar and others ...Respondents ..... Mr. K.S. Bhore, advocate for the petitioners ..... CORAM: S. S. SHINDE, J. DATED: 24TH NOVEMBER, 2010 PER COURT:- This petition takes exception to the order dated 20.7.2010, passed below Exh.38 in R.C.S. No. 136 of 2009. The petitioner herein filed an application for appointment of Court Commissioner in the suit for injunction. It appears that the trial court has taken into consideration the prayer in the suit and held that it would not be appropriate to appoint the Court Commissioner. In my opinion, the application seeking appointment of Court Commissioner in the suit in question at this stage is not maintainable. However, it will be open for the petitioners herein to bring on record the factual aspects by way of filing affidavit before the trial court. Writ petition is dismissed and disposed of in the above terms. ( S. S. SHINDE. J.) rlj/ 2