1 wp-8571.11.sxw lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8571 OF 2011 Mahesh Suresh Mali : Petitioner versus Shahaji Muralidhar Pawar : Respondent. Mr. Vishwanath S Talkute for the Petitioner CORAM : R M SAVANT, J. DATE : 30th November 2011 P.C. 1 The order impugned in the one rejecting the prayer for appointment of Court Commissioner. It is the assertion of the Petitioner that the construction carried out is in the land of his ownership whereas it is the case of the Respondent/Defendant that the construction is in the land purchased by him. It is, therefore, for the Petitioner/Plaintiff to prove his case that the construction is in the land owned by him by adducing cogent evidence. In my view, no fault can be found with the impugned order passed by the trial Court. However, after the parties lead evidence and thereafter the necessity for appointing the Court Commissioner is felt, the parties would be at liberty to apply for the appointment of the Court Commissioner, which application undoubtedly will be considered by the trial Court on its own merits and in accordance with law. 2 With the aforesaid observations, the above Petition is accordingly dismissed. [R.M.SAVANT, J]