1 wp-9479-11 mmj IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9479 of 2011 Balkrishna Sakharam Bodke & Ors. .. Petitioners Versus Baban Dada Bodke & Ors. .. Respondents Mr. Sachin Gite for the Petitioners CORAM : R.M.SAVANT, J. DATE : 7th DECEMBER, 2011 P.C. : 1 The above Petition takes exception to the Order dated 19-8-2011 passed by the Learned Civil Judge, Junior Division, Nashik, by which order, the application Exhibit 19 in Regular Civil Suit No.47 of 2009 for appointment of the Court Commissioner filed by the Plaintiffs came to be rejected. The said rejection is on the ground that the appointment of the Court Commissioner has been sought by the Plaintiffs to find out if there is any encroachment and according to the Trial Court, if the Court Commissioner is appointed for the said purpose, it would amount to collection of evidence. 2 It is required to be noted that the suit has been filed for a direction 2 wp-9479-11 for measurement of Gat No.209, 224 and 225 and for fixation of their boundaries. The second relief is by way of injunction against the Defendant No.1 that he should not interfere with the possession of the Plaintiffs. In the context of the said reliefs sought in the suit, the reasons given by the Trial Court for rejecting the application Exhibit 19 for appointment of the Court Commissioner cannot be faulted with. 3 In that view of the matter, no case for interference is made out. The Writ Petition is accordingly dismissed. (R.M.SAVANT, J.)