IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Writ Petition No. 4102 of 2011 Parwatpuri M. Gosawi ..Vs.. Brahmanandpuri M. Gosawi and another. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. A.S. Mardikar Adv. for the petitioner. CORAM : SMT. VASANTI A. NAIK J. DATE : 30 t h August, 2011. Heard. By this petition, the petitioner impugns the order passed by the first appellate court on 6.8.2011 rejecting an application filed by the petitioner for appointment of Court Commissioner. The First Appellate Court held, and rightly so, that the petitioner was trying to collect the evidence as regards the possession of the property by seeking the appointment of the Court Commissioner. Since it is well settled that the Court Commissioner cannot be appointed for collecting the evidence, the first appellate court held that there was no need for appointment of Court Commissioner for the reasons stated in the application. The first appellate court observed that the application was made at a belated stage when the paper book was prepared in the first appeal and the appeal was adjourned for final hearing from time to time. In such circumstances, the first appellate court held that the application was filed by the petitioner not only for collecting the evidence bur for protracting the proceedings in appeal. Since the impugned order passed by the first appellate court on 6.8.2011 is just and proper, the same calls for no interference in exercise of the writ jurisdiction. The writ petition is dismissed with no order as to costs. JUDGE Hirekhan