spb/ 1 wp5186-11 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE WRIT PETITION NO. 5186 OF 2011 ­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. Amit Sale for the Petitioners. ­­­ CORAM : D.G. KARNIK, J. DATE : 04th AUGUST, 2011 P.C.:­ 1 The petition is directed against an order passed by the appellate court, rejecting the application for appointment of a court commissioner made in appeal. 2 It is the case of the petitioner (original co­plaintiff) that during the pendency of the appeal some other co­plaintiffs sold their share in the property and that the purchaser claimed that he had obtained possession of the property. The petitioner denying the fact that the purchaser was put in possession, applied for appointment of the court commissioner for inspection of the suit property. It is settled principle of law that the court commissioner spb/ 2 wp5186-11 cannot be appointed for collecting the evidence. Similarly, the court commissioner cannot determine who is in possession of the property. The appellate court, therefore, rightly rejected the application for appointment of the court commissioner. 3 The petition is rejected summarily. (D.G. KARNIK, J.)