1 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5241 OF 2010 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. Atul B. Deshkar for the petitioner. CORAM : D.G. KARNIK, J. DATE : 8TH JULY 2010 P.C. : 1. The writ petition is directed against an order dated 29 December 2009 passed by the learned Joint Civil Judge, Senior Division, Kalyan, rejecting the petitioner’s application for appointment of a Court Commissioner. 2. The petitioner applied for a Court Commissioner for the purpose of determining who was in possession of the property which is clear from the prayer clauses, viz. “in order to 2 decide the true and correct position, the Commissioner may be appointed”. It is settled principle of law that the Court Commissioner cannot be appointed for the purpose of collecting the evidence. What the petitioner seeks by the present application is to collect the evidence through the Court Commissioner which cannot be done. The writ petition is rejected summarily. (D.G. KARNIK, J.)