1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 38. WP/6585/2009 (BALIRAM KONDABA BOMBALAT AND ORS V/S PRASHANT TUKARAM BOMBALAT AND ANR) -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mrs. S.G.Chincholkar, Adv., h/f Mr. G.N.Chincholkar, Adv., for the petitioner. Mr. A.S.More, Adv., for R.1 & 2. ... CORAM: K.U.CHANDIWAL, J. DATE:15/10/2010 1. Heard. In RCS No.39/1994, after evidence of the plaintiff, at the stage of evidence of defendant, application in terms of Order 26 Rule 9 C.P.C. for appointment of Commissioner was moved. Rejection thereof on 17th August, 2009 is questioned. 2. The learned Judge has rightly observed that the defendants have to prove the fact of their possession or their enjoying the property - the Commissioner, at the instance of Court to elucidate these facts, is not warranted. 2 Considering the nature of the suit, it is apparent, it was for declaration of rights. The parties claim that the rights are involved even by way of partition. The rejection does not call for any interference. Writ petition lacks merit, dismissed. No costs. Interim relief vacated. (K.U.CHANDIWAL) JUDGE ... AGP/6585-09wp