1 WP 4666.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FARAD CONTINUATION SHEET No. WRIT PETITION NO. 4666 OF 2010 (Rameshwar S/o Narayan Joshi Vs. Papan S/o Shivaji Gaikwad and others) AND WRIT PETITION NO. 4667 OF 2010 (Lachiram S/o Gulabji Joshi Vs. Papan S/o Shivaji Gaikwad and others) Mr. A.A. Mukhedkar, Advocate for the petitioners Mr. S.K. Shelke, Advocate with Mr. A.S. Shelke, Advocate for respondent no.1 Mr. K.B. Jadhavar, Advocate for respondent nos. 2 and 3 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's Orders P.C.:- 1] Heard learned counsel. The contention of the petitioner is that appointment of the Court Commissioner is sought for collecting evidence. Considering the nature of order and the purpose of which appointment has been made, the contention of the petitioner is incorrect and untrue. The appointment is sought to be made in order to facilitate the trial Court to come to a proper conclusion after examining “position” and the locus of the hotel in question. The trial Court has not directed the Commissioner to collect evidence regarding factum of possession of the hotel. 2 WP 4666.10 2] In this view of the matter, discretionary order of the trial Court does not call for any interference in the exercise of extra ordinary jurisdiction of this Court inasmuch as the same is not perverse, capricious or arbitrary. Both Petitions dismissed. Sd/- DT. : 28.06.2010 [V.R. KINGAONKAR, J.] arp