1 IN THE LHIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1943/2008 Udhav S.Kale PETITIONER VS. Nagnath B.Bandpatte RESPONDENT Mr.Ajey A.Joshi for the petitioner Mr.S.N.Deshpande for Res.no.1 CORAM: MRS.MRIDULA BHATKAR,J. DATE : 28th April,2009 P.C. . Heard. 2] This petition is filed against the order passed by the Jt.Civil Judge,J.D.Pandharpur dated 25/2/2008 allowing the application for appointment of Court Commissioner moved by the respondent/ defendant in the original suit. The original suit is filed by the petitioner i.e.original plaintiff for injunction simplicitor that the respondent/defendant should not disturb the peaceful possession of the petitioner . In the said suit the respondent has taken defence that he is in possession of the suit land since November,1983 and he is having house ,pipe line, cattle shed,etc. The learned counsel for the petitioner has submitted that the Court Commissioner in the suit for injunction simplicitor could not collect the evidence and what is averted by the defendant could not be brought on record through the Court Commissioner. Hence the order passed by the learned Trial 2 Judge is erroneous and to be set aside. 3] It is true that the Court Commissioner cannot be appointed to collect the evidence ,however,the Court Commissioner is appointed by the Court to assist the Court to get the clear picture of the suit premises for the issues involved therein. Hence the finding given by the learned Trial Court while allowing the application for appointment of Court Commissioner is not found illegal. No interference is warranted. The petition is dismissed with no order as to costs. (Mrs.Mridula Bhatkar,J.)