1 5284.11-wp IN THE HIGH COURT OF JUDICATURE AT BOMBAY. APPELLATE JURISDICTION. WRIT PETITION NO. 5284 OF 2011 Shri Mohan Gajanan Relekar. ... Petitioner. V/s. Shri Sudhakar Gajanan Relekar and others. ... Respondents. Milind Deshmukh for the petitioner. Surel Shah for respondent Nos.1 to 3. CORAM: R.M.BORDE, J. DATED : 23rd August 2011. P.C. : An interlocutory order passed by the trial court rejecting the application tendered by the petitioner/ original defendant for appointment of Court Commissioner is a subject matter of challenge in this petition presented under Article 227 of the Constitution of India. It is informed by learned counsel for the petitioner that the suit is at the stage of rendering decision on application at Exh.5 tendered by the plaintiff. 2. In my opinion, the trial Court has rightly rejected the application tendered by the petitioner seeking appointment of the Court Commissioner on the ground that it is an attempt to collect 2 5284.11-wp evidence for the parties with the assistance of the Court which is not permissible. 3. I have perused the application as well as impugned order passed by the trial Court. I do not find any error committed by the trial Court in turning down the application presented by the petitioner for appointment of Court Commissioner. Writ petition is devoid of any substance. The same is rejected as such. 4. However, it would be open for the petitioner to tender such an application at an appropriate stage after leading evidence of his part and, if such an application is tendered at an appropriate stage, the Court may consider the same in accordance with the provisions of law without being influenced by the impugned order passed by the trial Court on Exh.26 and rejection of this petition challenging the said order. 5. With the aforesaid clarification, writ petition is rejected. However, in the facts and circumstances of the case, there shall be no order as to costs. (R.M.BORDE, J.)