ssm sm sm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO.7442 OF 2008 PETITION NO.7442 OF 2008 PETITION NO.7442 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, appearances, Court’s Orders or directions and Registrar’s Orders Court’s or Judge’s Orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr.Nilesh Bhutekar along with Mr.Uday P.Warunjikar for the Petitioner. None for the Respondent. CORAM CORAM CORAM : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. DATED DATED DATED : 12th November, 2008. : 12th November, 2008. : 12th November, 2008. P.C. P.C. P.C. . The Petitioner-Defendant has challenged the impugned order whereby his application at the stage of conclusion of evidence, to appoint the Court Commissioner, was rejected rightly, by considering the facts and circumstances of the case. The earlier application, for the same relief, was already rejected once with observations that if necessary, the Commissioner would be appointed. Therefore, the present application moved by the Defendant. The learned Judge rightly ( 2 ) observed that as the plaintiff has not disputed that Defendant is not having house in suit plot and as other 17 houses are concerned, it is not the subject matter of the suit. I see there is no reason to interfere with the said order, under Article 227 of the Constitution of India. 2. The Petition is dismissed. [ ANOOP V.MOHTA,J.] ANOOP V.MOHTA,J.] ANOOP V.MOHTA,J.]