1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 6655 OF 2009 Mohiuddin Ainoddin Khan and ors. ....Petitioners. Versus Shri. Giridharilal Radhakisan Madhyan & ors. ....Respondents. Shri. A.K. Gawali, Advocate for petitioners. Shri. M.M. Patil-Beedkar, Advocate for respondent Nos. 1 & 2. CORAM : R.K. DESHPANDE, J. DATE : 14th June 2010. PER COURT : 1. This writ petition challenges the order dated 6.2.2009 passed by the learned 4th Joint Civil Judge, Senior Division, Ahmednagar, dismissing the application Exh. 27 filed by the plaintiff for appointment of Court Commissioner. 2. The Trial Court has held that the application is for appointment of Court Commissioner, for the purpose of ascertaining as to who is in factual possession of the property and hence, the appointment of Court 2 Commissioner cannot be made to collect the evidence. No fault can be found in the finding recorded by the Trial Court. 3. The learned counsel for the petitioner, however, urges, what was intended by the application at Exh. 27 was to seek appointment of Court Commissioner to locate the boundaries of the property and the structure standing thereon. He submitted that the application is not properly worded. He, therefore, seeks permission to file appropriate application for appointment of Court Commissioner. 4. The petitioner is granted liberty to file such an application for appointment of Court Commissioner. If such an application is filed by the petitioner, the Trial Court shall decide it on its merits in accordance with law. With the aforesaid observations, the instant writ petition is dismissed with no order as to costs. [ R.K. DESHPANDE, J. ] ssc/wp6655.09