1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 1841 OF 2010 (Premsukh Murlidhar Purohit vs. Chiranjilal Jagannath Purohit) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. APRIL 19, 2010. Heard Shri Agnihotri, learned counsel for the petitioner. Exh. 5 is still under the consideration of Court. The petitioner – defendant has moved the application at Exh. 23 under Order 26, Rule 9 and Section 151 of C.P.C., to appoint the Commissioner to verify the factual position on spot. The learned counsel states that in view of the statements made on affidavit which were contrary to each other by rival parties, this course of action was advised. The impugned order considers the controversy and the application has been rightly rejected. For deciding Exh. 5, such exercise is not necessary. However, the respondent – plaintiff is at liberty to renew his request at appropriate juncture. Writ petition is disposed of accordingly. No order as to costs. JUDGE *GS.