Lsp IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT PETITION NO. 6324 of 2008 Ramchandra Bhagwan Tandel & anr. ..Petitioners V/s. Nishkant Mahadeo Manjarekar & ors. ..Respondents Mr. Sudhir Prabhu for the petitioners. CORAM CORAM CORAM : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. DATED DATED DATED : 26th SEPTEMBER, 2008 : 26th SEPTEMBER, 2008 : 26th SEPTEMBER, 2008 P.C. . Heard Counsel for the petitioner. The argument of the petitioner that to resolve the discrepancy in the description of the property and more so for bringing on record correct measurement of the property, it was necessary to appoint Court Commissioner, does not commend to me. That is a matter of evidence which will have to be brought on record by the plaintiff to establish his case. Court Commissioner cannot be appointed to collect the evidence for the petitioner. No fault can be found by the discretionary order passed by the Court below. Petition dismissed. [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.]