FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.6475 OF 2008 ___________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|___________________________________ This petition takes exception to the order dated 11th July, 2008 passed by the 4th Jt. C.J.J.D., Latur below Exh.32 in R.C.S. No.63 of 2005. By the impugned order, the application of the petitioners for appointment of Court Commissioner has been rejected. 2 The learned Counsel for the petitioners submits that it is not possible for the original plaintiffs to place any other evidence on record since the property in dispute does not belong to the petitioners. According to the learned Counsel for petitioners there is encroachment on the road which is used by the parties since long. Therefore, suit is filed for perpetual injunction. According to the learned Counsel unless court commissioner's report is called, it is not possible for the plaintiffs to prove their case. 3 After hearing learned Counsel for th petitioners and after perusal of the impugned order, I do not find any reason to interfere in the well reasoned order. The lower Court has considered the effect of the provisions of order 26 Rule 9 of C.P.C. and has come to the conclusion. No case is made out. Writ Petition is dismissed. (S.S. SHINDE, J). 22.09.2009. PLK/#