1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO. 4853/2008 (Laxminarayan Dagdulal Somani vs. Smt. Jyotibai @ Kamlabai Deepchand Somani and another) ====================================== CORAM : B.P.Dhamadhikari, J. DATE : 18 th NOVEMBER, 2008 Heard Advocate B.N.Mohta with Advocate G.B.Sharma, for the petitioner/plaintiff. Though this Court while rejecting the writ petition challenging the refusal to appoint Commissioner granted liberty to the petitioner/plaintiff to move for spot inspection by the Court, that does not mean that it was necessary for the trial Court to inspect the spot. The trial Court has rightly considered the facts and the law on the point. The reasons given by the trial Court for refusing to visit the spot personally cannot be said to be either erroneous or perverse. There is no jurisdictional error. Writ petition is, therefore, rejected. However, liberty to the petitioner to challenge the impugned order in regular civil appeal, if the occasion therefor arises. JUDGE Rvjalit