1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. WRIT PETITION NO.: 1194 0F 2010 *** Shaikh Dastagir S/o Shaikh Osman Versus Ismail Khan S/o Mahboob Khan and others *** 1. Heard learned counsel for the Petitioner. Petitioner takes an exception to the order passed by learned trial Court on 27th November, 2009, rejecting the application filed by the present Petitioner/ defendant for appointment of the Court Commissioner. 2. It appears that the present petitioner is defendant in the suit. Present Petitioner filed an application in the trial Court on 27th November, 2009 seeking appointment of Court Commissioner under Order 26 Rule 9 of the Code of Civil Procedure. This application is rejected. Counsel for the petitioner took me to the written statement, para 15 and 16, filed by the present Petitioner in the trial Court. I have considered the pleading raised in this written statement. In substance it has been pleaded that the present petitioner has purchased portion of land/ plot admeasuring 60'x75' from the plaintiff No.1, on stamp paper of Rs.100/-. The petitioner has also 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. constructed temporary partition shed (tin shed) of around 16 tin sheets. Such tin sheets were purchased by the Petitioner from one Raj Traders. This situation existing on the suit property needs to be brought on record, that is the reason the petitioner sought for appointment of the Court Commissioner. Counsel for the petitioner also points out copy of the plaint filed by the respondent/ plaintiff Annexure-A. It is a simplicitor suit for perpetual injunction. 3. I have considered the submissions made by learned counsel for the Petitioner. According to her, the stage of the suit is for final arguments and there is no question of collection of evidence. I do not find any substance in the petition. Order passed by the trial Court is legal and property. Petition stands dismissed in limine, without any order as to costs. [S.B.DESHMUKH, J.] Dated:25/02/2010. ans/1194