-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3259 OF 2008 Sidhayya Gurupadayya Swami ... Petitioner versus Nagayya Sangayya Swami and others ....Respondents Mr. R.S. Alange for the petitioner. CORAM: P.B. MAJMUDAR, J. DATE: JUNE 20, 2008. P.C. Heard counsel for the petitioner. The learned Appellate Judge has rightly rejected application Exhibit-30 by observing that the Commissioner cannot be appointed to create new evidence. It is required to be noted that the matter is pending before the Appellate Court and the Appellate Court, therefore, has rightly found that the Court cannot allow appointment of Court Commissioner for creating new evidence as ultimately the appeal is required to be decided as per the evidence already on record. I, therefore, do not find any illegality in the impugned order. Hence the petition is rejected. P.B. MAJMUDAR, J.