1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.7814 OF 2010 M/s Sai Shakti Group ... PETITIONER VERSUS Municipal Corporation, Aurangabad ... RESPONDENT ..... Shri A.D. Kasliwal, Advocate for the petitioner Shri A.M. Karad, Advocate for the respondent ..... CORAM : R.M. BORDE, J. DATE : 11th October, 2010 PER COURT : 1. An application came to be tendered by the petitioner, seeking appointment of Court Commissioner for purpose of local inspection. The application is stated to be presented under Order 39 Rule 7 of the Code of Civil Procedure for purpose of appointing Commissioner for local inspection. It is pointed out that the suit is at the initial stages and the defendant has presented the written statement. The issues in the matter are yet to be framed and the parties are yet to lead their evidence. If at an appropriate stage the petitioner (original plaintiff) makes out a case for appointment of Court Commissioner for the purpose of local inspection, the petitioner shall have liberty to tender an application and it would be open 2 for the Court to consider such an application if presented at an appropriate stage, in accordance with provisions of law. The rejection of the instant application at this stage shall not be an impediment for considering such a request if made by the plaintiff at an appropriate stage. With these observations, writ Petition stands dismissed. R.M. BORDE JUDGE fmp/wp6967.10