(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 2390 OF 2011 Rajaram s/o. Hari Shirale, Deceased through L.R., Baburao s/o. Rajaram Shirale, Age : 47 years, Occupation : Agriculture, .. Petitioner R/o. Shirale Galli, Beed. (Original plaintiff) versus Kisanrao s/o. Limbajirao Kadam, Deceased through L.Rs., Radhabai Wd/o. Kisanrao Kadam, Age : 84 years, Occupation : Household, R/o. Kadamwada, Balbhim Chowk, Beed, etc., .. Respondents & others. (Original defendants) ....................... Mr. N.V. Gaware, Advocate, for the petitioner. ........................ (2) CORAM : B.P. DHARMADHIKARI, J. DATE : 28TH MARCH 2011 COURT'S ORDER : 1. Heard Adv. Mr. N.V. Gaware, for the petitioner / original plaintiff. 2. The petitioner has challenged the order dated 27-1-2011, passed by the learned Joint Civil Judge (Senior Division), Beed, below Exhibit 109 in Regular Civil Suit No. 236/1996, thereby rejecting the application filed by the petitioner seeking appointment of court commissioner. 3. The petitioner / plaintiff obtained report of court commissioner on 25-3-2010. After that report came to be objected by the petitioner, the trial proceeded further. After recording of evidence, the petitioner / plaintiff filed application on 17-1-2011 for appointment of court commissioner again. That has been rejected by the trial court. 4. I find no justification for moving such application again. The application has not been moved immediately. I, therefore, do not see any jurisdictional error or perversity. (3) However, it is always open to the trial court to note the law on the point and to take appropriate steps while appreciating evidence of parties. 5. With liberty to the petitioner, to challenge the impugned order after the suit is finally decided, if occasion therefor arises, the petition is disposed of. No costs. ( B.P. DHARMADHIKARI ) JUDGE ......................... bgp/wp2390