jpc wp6228-11.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 6228 OF 2011 Ganesh Kashinath Shinde (Bodhare) and others ... Petitioners Versus Yuvraj Kashinth Shinde (Bodhare) and others ... Respondent Mr. Makrand Panchakashari for the petitioners CORAM: R. M. SAVANT, J. DATED : 11th November, 2011 P.C. : 1. The above petition takes exception to the order dated 25th March, 2011 passed by the learned Civil Judge, Junior Division Nashik by which, the application for appointment of Court commissioner (Exh.33) filed by the petitioners, who are original defendants, came to be rejected. 2. The respondent No.1 is the original plaintiff. The suit has been filed by respondent no.1 seeking declaration that he be declared as owner of the suit land and that the defendants i.e. petitioners herein can have no claim whatsoever in the suit land. An application Exh. 5 for jpc wp6228-11.sxw 2 temporary injunction filed by respondent no.1 has already been allowed and there is injunction running against the petitioners. The said application Exh. 33 for appointment of Court Commissioner, has been rejected on the ground that the Court Commissioner cannot be appointed for collection of evidence through Court and it is for the defendants to lead appropriate evidence in support of their case. In my view, the reasons given by the trial Court for rejecting the said application Exh.33 do not merit any interference in the writ jurisdiction of this Court. The writ petition is accordingly dismissed. (R. M. SAVANT, J.)