1 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.3492 OF 2010 Mahadeo Shankar Jagdale & Ors. ...Petitioners vs. Sampat Shivram Sanas & Ors. ...Respondents Mr.Dilip Bodke for the petitioners None for the respondents CORAM :A.S.OKA,J. DATE : MAY 3, 2010 P.C.: 1 By this petition under Article 227 of the Constitution of India, the challenge is to the order dated 4th February 2010. By the impugned order, the application made by the petitioners who are the original plaintiffs under Rule 18 of Order XVIII of the Code of Civil Procedure,1908 has been rejected. The prayer was made in the said application that the learned trial Judge may inspect the suit property. The ground pleaded in the application is that there is ambiguity in the reports of the Court Commissioner. The discretionary power under Rule 18 of Order XVIII of the said Code can be exercised only in exceptional cases. There is no reason to interfere with the discretionary order passed by the trial Court. If the learned trial Judge is of the view that the site inspection by the Court is necessary, he can always pass an appropriate order in that behalf at any stage notwithstanding the impugned order. 2 Subject to what is observed above, writ petition is rejected. JUDGE 2