:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO.2822 OF 2008 PETITION NO.2822 OF 2008 PETITION NO.2822 OF 2008 Rakesh Dayanand Pangam ..Petitioner V/s The Chief Officer, Ratnagiri Municipal Council, Ratnagiri ..Respondent Mr.S.B. Shetye for the petitioner Mr.N.N.Gavankar i/b Mr.Arfan Sait for the respondent CORAM CORAM CORAM : A.A. SAYED, J. : A.A. SAYED, J. : A.A. SAYED, J. DATE DATE DATE : 23RD APRIL, 2008 : 23RD APRIL, 2008 : 23RD APRIL, 2008 P.C. 1. Heard. 2. Rule. By consent rule made returnable forthwith and heard finally. 3. This writ petition impugns order dated 26th March, 2008, whereby application filed by the respondent/original defendant was allowed and Court Commissioner was appointed to ascertain the position of the construction carried out in the premises in question. 4. I have perused the impugned order and other :2: material on record. The Trial Judge has observed in para 4 of the impugned order as follows:- Well difference need to be made between collection of evidence and to ascertain position on the spot. So far as present case is concerned, I am of opinion, to ascertain position on the spot is essential to allow present application, especially on the back ground discretionary relief is claimed by the plaintiff." 5. The learned Trial Judge has appointed Town Planner as Court Commissioner and directed him to submit the report with map and other details. It is noted that the respondent is Ratnagiri Municipal Council. After considering the material on record, I find that the grievances of the petitioner opposing appointment of Court Commissioner are not well founded. 6. I do not find any illegality or infirmity in the impugned order so as to interfere with the same in exercise of supervisory jurisdiction of this Court under Article 227 of the Constitution of India. 7. Writ petition is therefore dismissed. Rule discharged. :3: ( A.A. SAYED, J.) A.A. SAYED, J.) A.A. SAYED, J.)