1 wp 6287-2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6287 OF 2010 Shri Surendra Bhagchand Patel ...Petitioner vs. Shri Gautam Chandru Badlani & Ors. ...Respondents Mr.M.M. Sathaye for the Petitioner. Mr.Hiranya Pandey for Respondent Nos.1 to 3. CORAM : B.R. GAVAI, J. DATED : JANUARY 5, 2011 P.C :- 1 The petitioner challenges the order dated 5th July, 2010 passed by the learned 6th Joint Civil Judge, Senior Division, Nashik, in Special Civil Suit No.666/2008, thereby rejecting the application filed by the present petitioner for appointment of Court Commissioner. 2 The petitioner has filed a suit for 2 wp 6287-2010 declaration that he is co-owner and permanent licensee in the suit premises. In the suit, an application came to be filed for an appointment of Court Commissioner which came to be rejected. 3 The learned Counsel for the petitioner submits that for finding out the factual position regarding existence of permanent structure, etc, an appointment of Court Commissioner was necessary. It is submitted that by rejecting an application, the learned trial court has failed to exercise the jurisdiction vested in it. 4 The jurisdiction vested with the learned Civil Judge under Order 26 Rule 9 of the CPC is discretionary jurisdiction. In the extraordinary jurisdiction vested in this Court under Article 227 of the Constitution, it is not permissible to interfere with the discretionary order passed by the trial court unless it is found that the discretion exercised has been exercised in the perverse manner. 3 wp 6287-2010 5 The learned trial court has given cogent and sound reasons while rejecting the application. It has been found that the application is in the nature of collecting evidence in support of the case of the plaintiff. In that view of the matter, no perversity is noticed to warrant interference. Hence, rejected. (B.R. GAVAI, J.)