1 Ash FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9295 OF 2009 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. Shri S.B.Shetye for the Petitioner. Ms A.B. Vhatkar, AGP for the Respondent No.3. -- CORAM : A.S.OKA, J. DATE : 4TH MARCH, 2010 P.C.: . Heard learned counsel appearing for the Petitioner. The Petitioner is the original Plaintiff. In a suit filed by the Petitioner, there is an ad-interim relief granted on an application at Exhibit-5 restraining the Respondents from dispossessing the Petitioner and from demolishing the building in question. An application for appointment of a Court Commissioner was made by the Petitioner which has been rejected by the impugned order. 2. The Petitioner is relying upon a report of the 2 Consulting Civil Engineer as regards the condition of the building in dispute. The application at Exhibit-5 will have to be decided by the Trial Court on the basis of the material placed by the parties on record. As there is an ad-interim injunction granted in favour of the Petitioner, the law mandates that the Court shall make an endeavour to decide the application at Exhibit-5 within a period of 30 days. Therefore, the Trial Court was justified in rejecting the application for appointment of the Court Commissioner. Notwithstanding the impugned order, if the Trial Court is of the view that a local investigation is required, the Trial Court can always pass an order in that behalf. Subject to what is observed above, the Petition is not entertained and the same is rejected. (A.S.OKA, J)