FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGBAD. ________________________________________________________________________________________________________________________________________________ Office notes, office Memoranda of coram, appearance, court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ____________________________________________________________________________________________________________ WRIT PETITION NO.435/2010 1- Heard learned counsel Mr. Deshmukh, for the petitioner. 2- Petitioner challenges order passed by the learned Civil Judge, Senior Division, Udgir below Exh.99 in Special Civil Suit No.31/2002. 3- Counsel for the petitioner submits that, Special Civil Suit No. 31/2002, pending in the trial court, was for perpetual injunction and declaration. Present petitioner is plaintiff in that suit. In this suit, earlier, at the instance of present petitioner/plaintiff, commissioner was appointed by the Court. Commissioner carried out inspection and placed on record report. Annexure ‘D’is the copy of application for appointment of court commissioner filed by plaintiff/petitioner. Report of the earlier commissioner is on record annexure ‘E’ (page 38). 4- Counsel for the petitioner submits that, this commissioner’s report details the list of machineries, grocery and other articles found at the relevant time, by the Commissioner. This report also makes a mention of some other articles which was found by the Commissioner. This report is dated 21.12.2002. 5- Grievance is raised that respondents in this writ petition, after earlier report of the commissioner, carried out some changes to the suit property. This change pertains to structure of the property as well as goods or articles kept in the property. This is happened despite the fact that status quo is directed by the trial court below Exh.5. Therefore, present application annexure ‘F’ is filed by the present petitioner, requesting for appointment of commissioner. This application is dated 21.2.2008. This application, FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGBAD. ________________________________________________________________________________________________________________________________________________ Office notes, office Memoranda of coram, appearance, court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ____________________________________________________________________________________________________________ after hearing the parties, came to be rejected by the trial court. 6- I have considered the order passed by the trial court and submissions on behalf of the petitioner. 7- In my view trial court has justifiably rejected the application, filed by the present petitioner. Grievance of the petitioner that despite the status quo order respondents/defendants have committed breach of the order is a different matter, to be pleaded, evidence to be led and appropriate relief to be sought. I do not see any infirmity, perversity or jurisdictional error committed by the trial court. 8- Writ petition stands dismissed in limine. No costs. ( S. B. DESHMUKH, J. ) * * * Dt :- 04.02.2010 aaa/435.10