1 wp 71-2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 71 OF 2011 Shri Jaywant Mahadeo Rajapure ...Petitioner vs. The Chief Officer, Wai Municipal Council, Satara ...Respondent Mr.K.J. Kandpile for the Petitioner. CORAM : B.R. GAVAI, J. DATED : JANUARY 17, 2011 P.C :- 1 By way of present petition, the petitioner challenges the Order dated 27th September, 2010 passed by the learned Joint Civil Judge, Junior Division, Wai, vide which the application filed by the present petitioner for appointing the appellate authority and TILR i.e. DILR as Court Commissioner came to be rejected. 2 By an earlier order, TILR was appointed as Court Commissioner. He has submitted the report. The 2 wp 71-2011 contention of the petitioner is that the said report of the Court Commissioner was not in conformity with the measurement carried out by the Survey Authority and for bringing out the actual position, it was necessary that DILR should have been appointed as Court Commissioner. 3 The learned trial court while rejecting the application has found that the if the plaintiff- petitioner finds that the report of the Court Commissioner is not correct, then he can establish so by leading the evidence in respect thereof. 4 No perversity could be noticed in the order passed by the learned trial Judge warranting interference in the extra ordinary jurisdiction under Article 227 of the Constitution of India. 5 Writ Petition is rejected. (B.R. GAVAI, J.)