1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4856 OF 2008 Shri Channappa Appayya Khandare. ..Petitioner. V/s. Shri Mahadeo Nagappa Khandare. ..Respondent. Mr.T.J.Ingale for Petitioner. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : AUGUST 6, 2008. DATE : AUGUST 6, 2008. DATE : AUGUST 6, 2008. P.C. : P.C. : P.C. : 1. Heard Counsel for the Petitioner. 2. I am in agreement with the view taken by the Court below that Court Commissioner cannot be appointed for collection of evidence. The fact of unauthorised construction and/or encroachment will have to be established by the Plaintiff by way of evidence. Indeed, it will be open to the Petitioner to seek permission of the trial Court, so as to engage architect or engineer for undertaking measurement of the suit premises at his own cost which experts will then depose before the Court as plaintiff’s witness to prove that fact. That is an option open to the Petitioner. 2 3. No fault can be found with the view taken by the trial Court that Court Commissioner cannot be appointed for collection of evidence. 4. Petition disposed of on the above terms. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)