spb/- 1 wp7004-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION WRIT PETITION NO. 7004 OF 2010 Nandkishor Bandulal Lahoti ... Petitioner. Vs. Jagdish Shrikisan Kasat ... Respondent. --- Mr. Rajgopal Dravid for the Petitioner. Mr. U.P. Warunjikar for the Respondent. ----- CORAM : D. G. KARNIK, J. DATE : 07th DECEMBER, 2010. P.C. 1 This writ petition is directed against the interlocutory order which requires no interference in exercise of extra-ordinary jurisdiction under Article 227 of the Constitution of India. Even otherwise the order requires no interference. 2 In the written statement the defendant/petitioner contended that the suit premises were in a good condition and could be used for residence. He applied for an appointment of the court commissioner to inspect the suit premises and give report whether the suit premises were in good condition and suitable for residence. In other words, the spb/- 2 wp7004-10.sxw petitioner wanted to collect evidence through appointment of the court commissioner, which is not permissible. It is open to the defendant/petitioner to examine witnesses to prove condition and suitability of the suit premises for use as a residence. 3 The writ petition is rejected summarily. [D.G. KARNIK, J.]