IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO.7379 OF 2008 PETITION NO.7379 OF 2008 PETITION NO.7379 OF 2008 Vimal Gopal Gadre & Anr. ...Petitioners V/s. Satsang Co-operative Hsg. Society ...Respondents Mr.S.S. Kanetkar for the Petitioners. Mr.Tejas Dande for the Respondents. CORAM CORAM CORAM : SMT.NISHITA MHATRE, J. : SMT.NISHITA MHATRE, J. : SMT.NISHITA MHATRE, J. DATE DATE DATE : 11TH NOVEMBER, 2008. : 11TH NOVEMBER, 2008. : 11TH NOVEMBER, 2008. P.C.: P.C.: P.C.: . This Petition has been filed challenging the order passed by the learned Member of the Maharashtra State Co-operative Appellate Court (Mumbai) Bench at Pune dismissing the revision application preferred by the petitioner. It is contended that the order in effect permits the respondents to collect evidence by appointing a Court Commissioner. It is also submitted that the respondents are bent on ensuring that the petitioners will not conduct any construction activity despite having permission in their favour from various authorities. 2. On perusal of the impugned order it is seen that the court commissioner has been appointed since a grievance was made by the respondents that despite an order of status-quo, the petitioners were carrying out construction activities. The appellate court therefore directed appointment of the court commissioner to ascertain whether any new construction has taken place after the order of status-quo was passed. 3. In my opinion, there is no need to interfere with this order as it does not amount to collection of evidence as contended by the learned Advocate for the petitioners. The order has been passed for ascertaining whether the petitioners have in fact violated the order of status-quo dated 25th July, 2008. 4. The Petition is rejected.