1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION NO.3664 OF 2007 (PRABHAKAR T. DHARMADHIKARI Vs DEVKINANDAN N. JADHAO ) _____________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders ______________________________________________________________________________________________ Shri P.S.Patil, Advocate for Petitioner. Shri R.K.Deshpande, Advocate for Respondent. CORAM : R.C.CHAVAN, J. DATED : JUNE 02, 2008. 1. By this petition the petitioner / plaintiff takes exception to order passed by 3rd Joint Civil Judge Jr.Dn., Amravati, rejecting his application for appointment of Commissioner. The plaintiff came to know of the stand taken by the defendant in his written statement on 10.10.2006 and thereafter even tendered his own evidence in the form of affidavit on 28.03.2007. He filed an application for appointment of Commissioner on 08.06.2007. The learned trial Judge rightly observed that it is for the plaintiff to collect evidence to support his case. The Commissioner could have been appointed only if it is impossible for the plaintiff to collect 2 evidence without being assisted by the order of the Court. The learned trial Judge observed that the plaintiff has filed application with ulterior motive. This is not the case of encroachment and therefore, the ratio in the judgment of this Court in Kashinath Vs. Haribhau, reported at 2004(2) Mh.L.J. 722 is not at all attracted. 2. In any case, I have already taken a different view as regards the appointment of Commissioners to assist the parties in support of their respective cases. In view of this, no case for interference in the writ jurisdiction is made out, hence, the petition is dismissed. JUDGE RR.