MP 1 wp3303_10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3303 OF 2010 Vilas Sadashiv Sutar and others .. Petitioners Versus Laxman Krishna Sawant .. Respondent Mr. A. M. Kulkarni for Petitioners. Mr. S. A. Pawar for the Respondent. CORAM : B.R. GAVAI, J. THURSDAY, FEBRUARY 03, 2011 P. C. : By way of present petition, the petitioner challenges the order dated 8th February 2010 vide which the application filed by the present petitioner-defendant for the appointment of court commissioner to measure the lands came to be rejected. 2. The plaintiff has filed the suit claiming a decree for injunction with respect to the suit well. It is the defence of the present petitioner-defendant that the suit well is situated in his land and not in the land of the plaintiff. Therefore, an application for appointment of court commissioner came to be filed. The same is rejected. 3. Mr. Kulkarni, the learned Counsel appearing on behalf of petitioners submits that in order to find out the factual position and to cut-short the controversy, the report of the court commissioner would be necessary. MP 2 wp3303_10 4. The court commissioner cannot be appointed for collecting the evidence in support of the case of the parties. The parties are required to establish their case by leading the cogent evidence in respect of their case. 5. In that view of the matter, no case is made out for interference. Hence rejected. (B.R. GAVAI, J)