IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1582 OF 2006 Maruti Sitaram Chavan & Ors. .. Petitioners. Vs. Ramrao Ishwara Chavan ..Respondent. ... Mr. S.S. Swadi i/b Mr. S.G. Deshmukh for the Petitioners. CORAM : DR.D.Y.CHANDRACHUD, J. 13th April, 2006. P.C.: The Defendant's application for appointment of a Court Commissioner under Order 26 Rule 9 or Rule 10-A of the Code of Civil Procedure, as the case may be, has been dismissed. The Plaintiff has filed a suit for an injunction in which an amendment to pray for removal of an encroachment came to be allowed. It is for the Plaintiff to establish his case. A Commissioner cannot be appointed for collecting evidence. There is no merit in the petition which is accordingly dismissed.