MP 1 wp8930_10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8930 OF 2010 Shamrao Bapu Mohite and others .. Petitioners Versus Dinkar Anna Mohite and others .. Respondents Mr. P. D. Dalvi for the Petitioners. CORAM : B.R. GAVAI, J. THURSDAY, FEBRUARY 03, 2011 P. C. : By way of present petition, the petitioners challenge the order dated 1st April 2010 vide which the application filed by the present petitioners for the appointment of court commissioner came to be rejected. 2. Mr. Dalvi, the learned Counsel appearing on behalf of the petitioners submits that the learned Trial Court has grossly erred in rejecting the application. 3. A perusal of the order would reveal that the petitioners have not only filed successive applications for appointment of court commissioner but have also filed successive review applications. 4. The jurisdiction under Order 26 Rule 9 is a discretionary jurisdiction. Unless it is found that the jurisdiction is exercised in a perverse manner, it is not permissible for this Court to interfere with the same in the extra-ordinary jurisdiction under Article 227 of the Constitution of India. No perversity is noticed in the approach adopted by the learned Trial Court to warrant interference. Hence rejected. (B.R. GAVAI, J)