1 WP 5360/10 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5360 OF 2010 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. Y.S. Jahagirdar, Senior Advocate with Mr. Jayen Trivedi i/b Mr. Chandra Naik for the petitioner. Mr. Harish Pawar for the respondent. CORAM : D.G. KARNIK, J. DATE : 22ND JULY 2010 P.C. : 1. Heard learned counsel for the parties. 2. The writ petition arises out of an interlocutory order dated 8 April 2010 pased by the Small Causes Court, Mumbai appointing a Court Commissioner for inspection of the suit premises. Not only that the order is an interlocutory order but it was subjected to a test in a revision petition filed by the petitioner. 2 WP 5360/10 The revisional court has also upheld the order passed by the trial court. The view taken by the two courts below is a possible view requiring no interference in exercise of writ jurisdiction under Article 227 of the Constitution of India. 3. The respondent is a landlord and the petitioner is a tenant. The respondent filed a suit for possession on the ground of unauthorised alterations in the suit premises. He made an application for appointment of a Court Commissioner to inspect the suit premises and report the present state of the suit premises and if necessary to take the photographs. That request was granted. The report of the Court Commissioner about the present state of the suit premises would certainly aid and assist the Court in coming to the conclusion of the present state and then compare it with the state in which the suit premises were let out. Of course, the respondent would be required to adduce the evidence regarding the state in 3 WP 5360/10 which the suit premises were when they were let out. No interference is called for in exercise of writ jurisdiction. The writ petition is accordingly rejected. (D.G. KARNIK, J.)