1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Writ Petition No. 3297 of 2009 Ananda Sakharam Chaudhari. .. Petitioner. versus Chandrakant Janardan Chaudhari. .. Respondent. .................. Mr. Sanket Kulkarni, Advocate, holding for Mr. V.T. Chaudhari, Advocate, for the petitioner. .................. CORAM : B.R. GAVAI, J. DATE : 8TH JUNE 2009. COURT’S ORDER : 1. By way of present petition, the petitioner challenges the order dated 27th January 2009 passed by the learned Civil Judge (Junior Division), Yawal, below Exhibit 14 in Regular Civil Suit No. 42/2007, thereby rejecting the application filed by the present petitioner plaintiff for appointment of court commissioner. 2. The petitioner has filed a suit for damages against the 2 defendant respondent, claiming that due to the illegal construction of a wall by the defendant, damages have been caused to him. 3. It is for the party to prove his case by leading evidence. Court commissioner cannot be appointed so as to collect evidence for the party. 4. In that view of the matter, no infirmity could be found with the approach adopted by the trial court, so as to warrant interference in exercise of extraordinary jurisdiction of this court under Article 227 of the Constitution of India. 5. The petition is, therefore, dismissed. ( B.R. GAVAI ) JUDGE ...................... bgp/wp3297