(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Writ Petition No. 2912 of 2009 Sudam s/o. Ashruba Godbole .. Petitioner. versus Madinabi w/o. Shaikh Rahim. .. Respondent. .................. Mr. R.S. Shinde, Advocate, for the petitioner. .................. CORAM : B.R. GAVAI, J. DATE : 17TH JUNE 2009. COURT’S ORDER : 1. By way of present petition, the petitioner challenges the order dated 20th April 2009, passed by the learned Joint Civil Judge (Junior Division), Ambad, below Exhibit 19 in Regular Civil Suit No. 369/2008, thereby rejecting the application filed by the present petitioner for appointment of court commissioner. 2. The respondent has filed a suit, being Regular Civil Suit No. 369/2008, for perpetual injunction against the present petitioner. The petitioner has filed his written statement and resisted the suit. During the pendency of the suit, an application came to be filed by the (2) petitioner for appointment of court commissioner to see as to who is in actual possession of the suit land. The said application is rejected. Hence, the present petition. 3. The trial court, while rejecting the application, has relied on the judgment of this court in the case of Sanjay Namdeo Khandare Vs. Sahebrao Kachru Khandare (2001 Vol.2 Mh.L.J. 959). The trial court has found that the court commissioner cannot be appointed for collecting evidence in support of case of a party. 4. No perversity could be found with the approach adopted by the trial court, so as to warrant interference in exercise of extraordinary jurisdiction of this court under Article 227 of the Constitution of India. 5. The petition is, therefore, dismissed. ( B.R. GAVAI ) JUDGE ...................... bgp/wp2912