jpc 1 wp8848-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 8848 OF 2011 Namdev Bhau Babar and others ... Petitioners Versus Bhagwan Dnyanu Babar and others ... Respondents Mr. K. B. Sonwalkar for the petitioners CORAM: R. M. SAVANT, J. DATED : 8th December, 2011 P.C. : 1. The above petition takes exception to the order dated 22nd June, 2011 passed by the learned II Civil Judge, Junior Division, Sangola, Dist.Solapur, by which order the application Exh.32 for appointment of a Court Commissioner has been rejected. 2. The petitioners have laid a claim to the well in question on the basis that in the partition of the properties, the property in question wherein the well is situated has been divided in half, and the petitioners have installed pipeline and electric motor and the other machinery for drawal of water from the well. The petitioners were seeking appointment of the Court Commissioner to report in respect of the said jpc 2 wp8848-11.sxw aspects. The trial Court has rightly observed that the petitioners have to prove the said aspect by leading cogent evidence and the appointment of the Court Commissioner would only result in collection of evidence at the behest of the Court. 3. In my view, the reasons mentioned by the trial Court for rejecting the application for appointment of Court commissioner are unexceptional and do not warrant any interdiction at the hands of this Court in its writ jurisdiction under Article 227 of the Constitution of India. The reliance placed on the judgment of the learned Single Judge of this Court in the case of Madhukar R. Javle Vs. Baskar Ramnath Shibad, reported in 1995 (1)All MR 378 in the facts of the present case is misplaced. The Writ Petition is accordingly dismissed. (R. M. SAVANT, J.)