KBP 3825-09.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3825 OF 2009 Mr.Boswell Wilbert Pareira ..Petitioner Vs. Mrs.Mauren Norie Alvers and ors. ..Respondents ......... Mr.K.A.Chothani, for petitioner. Mr.M.P.Vashi for respondents. ......... CORAM : A.S.OKA, J.. DATE : 10 th August, 2009. P.C. : 1] Heard learned counsel for petitioner and learned Counsel for respondents. Considering the narrow controversy involved, the writ petition is taken up for final disposal at the stage of admission. 2] The petitioner is the plaintiff in a suit for eviction filed against the respondents. One of the ground for eviction is that respondents have carried out additions and alterations to the suit premises. An application for appointment of Court Commissioner was made by petitioner plaintiff on the basis of certain admissions of a witness. By the impugned order the said application had been rejected. 3] Considering the controversy involved, interests of justice will be served if an Officer of the trial court is appointed as the Court Commissioner to visit the suit premises along a photographer and is directed submit photographs taken by the photographer alongwith his report. All this is to be done at the cost of petitioner. Hence, I pass the following order: KBP 3825-09.sxw 2 (a)The impugned order dated 19 th January, 2009 is quashed and set aside. (b) The trial court is directed to appoint any of its competent Officer as the Court Commissioner. The Court Commissioner so appointed shall visit the suit premises along with a photographer. The photographer shall take out photographs in presence of the Court Commissioner. The Court Commissioner shall submit the photographs on record of the trial court along with his report. (c) The appointment Court Commissioner will be at the cost of petitioner-plaintiff. The trial Court will fix the appropriate remuneration payable to the Court Commissioner. The charges of photographer shall be borne and paid by the petitioner. (d) The trial Court shall act on authenticated copy of this order. (e) It is obvious that the Court Commissioner shall visit the suit premises after due notice to the parties concerned. The parties are at liberty to remain present at the time of commission work. ( A.S.OKA, J. )