spb/- 1 wp4444-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION WRIT PETITION NO. 4444 OF 2011 Shri Baburao Krushna Patil & Ors. ... Petitioners. V/s. Shri Ananda Maruti Nigade & Ors. ... Respondents. --- Mr. S.G. Thorat for the Petitioners. ----- CORAM : R.M. BORDE, J. DATE : 25TH AUGUST, 2011. P.C. : An application tendered by the petitioners, original plaintiffs, seeking appointment of a court commissioner for conducting a local inspection has been turned down by the trial court in view of the order passed on 03.02.2011. It is recorded in the order passed by the trial court that the plaintiffs may establish its contentions by leading oral as well as documentary evidence and at this stage of the proceedings, appointment of the court commissioner is not warranted and will not render any assistance in resolving the controversy involved in the suit. The plaintiff may proceed to lead evidence, oral as well as documentary evidence and after leading evidence if need arises for conducting a local inspection by spb/- 2 wp4444-11.sxw appointing a court commissioner, the plaintiff may tender an application at an appropriate stage and the court may consider such an application, if tendered in accordance with the provisions of law. Rejection of the instant application at Exh. 62 or earlier application at Exh. 52 would not be an impediment in consideration of such an application if tendered by the plaintiffs. With these observations, the petition stands rejected. [R.M. BORDE,J]