1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 7020 OF 2009 _______________________________________________________________ Office Notes, Office } Memoranda of Coram, } Court's or Judge's orders appearances, Court's } orders or directions } and Registrar's orders } ___________________________}___________________________________ Mr. D.D.Pokharkar, Advocate for Petitioners. Mr. R.D.Bhalerao, Advocate for Respondent no. 1. ........................... [ CORAM : B.R.GAVAI, J. ] DATE : 12/11/2009. PER COURT : 1. By way of present Writ Petition, the petitioners challenge the Order dated 4/8/2009, vide which an application filed by the petitioners for appointment of Court Commissioner came to be rejected. 2. The learned counsel for the petitioners submits that the appointment of Court Commissioner is necessary so as to show as to who were in actual possession of the suit land. 2 3. A Suit has been filed by the present petitioners for decree of perpetual injunction restraining the defendants from interfering with his peaceful possession. 4. The learned trial court has found that the application was in the nature of collecting evidence in support of the case of the petitioner. 5. The powers under Order XXVI Rule 9 of the Code of Civil Procedure are discretionary in nature. Unless discretion is found to be exercised non judiciously, no interference is warranted under extra ordinary jurisdiction of this Court under Article 227 of the Constitution of India. 6. No perversity is noticed, therefore, interference does not warrant. Hence, rejected. [ B.R.GAVAI ] JUDGE knp/WP7020.09 3