IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.31 OF 2009 Shri Ashok Kankar Thorat & Anr. ...Petitioners V/s. Dwarka Charitable Trust & Ors. ...Respondents ...... Mr.Arvind Purohit for Petitioners. Mr.Amol A.Deshpande for Respondents 1 & 2. ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. JANUARY 16, 2009. JANUARY 16, 2009. JANUARY 16, 2009. P.C. 1. The Court below has rightly rejected the application for appointment of Court Commissioner as it is well established position that Court Commissioner cannot be appointed for collecting evidence. Needless to observe that if the Petitioners so intend, are free to appoint their own Architect and qualified person whose evidence can be relied by the Petitioners in support of the plea regarding encroachment, if any. Hence, rejected. A.M.KHANWILKAR, J.