IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 156 OF 2008 SHRI. FRANCIS MANUEL D CUNHA AND 4 ORS., ... Petitioners Versus VICTOR SANTAN D'CUNHA AND 6 ORS., ... Respondents Mr. M.B. Da Costa, Senior Advocate with Mr. John Abreu Lobo, Advocate for the Petitioners. Coram:- N. A. BRITTO, J. Date:- 13th March, 2008 ORAL ORDER: Heard Shri M.B. Da Costa, the learned Senior Counsel on behalf of the petitioners. The petitioners are the defendants in Special Civil Suit No. 14/2006/A. 2. By impugned order dated 17/01/2008, the learned trial Court has appointed a Commissioner, to find out whether the house in dispute is in habitable condition, since 1987. The learned Senior Counsel on behalf of the petitioners submits that a Commissioner could not have been appointed before the parties led evidence and that too an Advocate. Certainly, the commissioner would visit the site in the presence of both the parties and the petitioners would be entitled to cross-examine the Commissioner on the report submitted by him and they would also be entitled to lead evidence in rebuttal in case they so desire. 3. Considering the nature of the order passed, this is not a fit case for interference in supervisory jurisdiction, in the light of what has been stated by the Apex Court in the case of SURYA DEV RAI V/S. RAM CHANDER RAI & ORS. (2003 (6) SCC 675). 4. Petition dismissed in limine. N. A. BRITTO, J. NH