1 wp7413.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No. 7413 of 2010 Babanrao Krishnaji Bandal & ors. ..Petitioners v/s. Narayan Jagannath Bandal & ors. ..Respondents Mr. A.S. Khandeparkar for the petitioners. CORAM:- B.R. GAVAI, J. DATED :- FEBRUARY 18, 2011. P.C. By way of present Petition, the Petitioner challenges the order dated 4th March, 2010 vide which the Application filed by the present Petitioner- plaintiff for appointment of Court Commissioner came to be rejected. 2. The Petitioner-plaintiff has filed the suit against the defendant for removal of encroachment and for possession. In the said suit after the evidence was over and matter came to be fixed for hearing, the Application came to be filed as aforesaid. The same is rejected. 2 wp7413.10.sxw 3. Shri Khandeparkar, the learned Counsel appearing on behalf of the Petitioner submits that for ascertaining the factual position, the report of the Court Commissioner was necessary. He submits that in any case no prejudice would be caused to the parties if the Court Commissioner was appointed. 4. The learned Single Judge of this Court in the case of Sanjay son of Namdeo Khandare v/s. Sahebrao s/o Kachru Khandare & ors. Reported in 2001 (1) Bom. C.R. 800 has taken the view that the appointment of Court Commissioner is not permissible for collecting the evidence in support of the case of the plaintiff. The learned Judge has found that it is for the plaintiff to establish his case by leading the evidence. 5. No perversity could be noticed in the approach adopted by the learned trial Court to warrant interference under extraordinary jurisdiction under Article 227 of the Constitution of India. Rejected. (B.R. GAVAI, J)