1 wp-10188-11 mmj IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10188 of 2011 Amar Jivan Solanki (since deceased) through LRS Jamna Amar Solanki & Ors. .. Petitioners Versus Gilan Farmrose Irani & Ors. .. Respondents Mr. Rajaram Deshmukh for the Petitioners CORAM : R.M.SAVANT, J. DATE : 1st DECEMBER, 2011 P.C. : 1 The above Petition takes exception to the order dated 12-11-2009 passed by the 5th Joint Civil Judge, Senior Division, Pune, by which order the Application Exhibit 47 in Regular Darkhast No.200 of 2005 filed by the Judgment Debtor for the appointment of the Court Commissioner came to be rejected. The decree passed is directing the Defendants and other persons residing in the suit property to remove themselves, their huts and belongings from the suit property and deliver peaceful possession of the suit land bearing Gat No.355 of Village Kadamwak Vasti, Tal Haveli Dist-Pune to the Plaintiff. The Plaintiff was allowed to prosecute the said suit in a representative capacity. 2 The Application Exhibit 47 came to be filed by the Judgment Debtors for appointment of Court Commissioner to find out the real 2 wp-10188-11 factual situation and the status of possession of the suit property stating that the Decree Holder has not given necessary details. The Trial Court has recorded in paragraph 4 that the relevant documents including the decree in question has been produced by the decree holder. The Trial Court was of the view that since the persons who are on the site in question are all bound by the decree, there is no question of Court Commissioner being appointed for reporting as regards the factual position on site. 3 Having considered the reasons mentioned by the executing Court for rejecting the application for appointment of Court Commissioner, in my view, considering the nature of the decree that has been passed, no fault can be found with the said order. In that view of the matter, no case for interdiction is made out. The writ Petition is accordingly dismissed. (R.M.SAVANT, J.)