:1: :1: :1: 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 PETITION NO.2034 OF 2004 Gangadhar Dagdu Mali, .. Petitioner Vs Vithal Hari Mali, .. Respondent Mr S.S. Patwardhan, for the petitioner. CORAM CORAM CORAM : D.B.BHOSALE, J. : D.B.BHOSALE, J. : D.B.BHOSALE, J. DATE DATE DATE : FEBRUARY 18, 2005. : FEBRUARY 18, 2005. : FEBRUARY 18, 2005. P.C. P.C. P.C. 1. Heard the learned counsel for the petitioner. 2. The petitioner-defendant’s application for appointment of court commissioner to prove that except the disputed three windows, there are no other windows available for ventilation has been rejected by the impugned order. Admittedly, it is not the case of the respondent-plaintiff that there are other windows, apart from the disputed windows, available for ventilation. In my opinion, the trial Court has rightly rejected the application by the impugned order which requires no interference by this Court in writ jurisdiction under Article 227 of the Constitution of India. The writ petition, therefore, fails and is dismissed as such. :2: :2: :2: (D.B.Bhosale, (D.B.Bhosale, (D.B.Bhosale, J.) J.) J.)