1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 664 OF 2009 Sakarbai Onkarappa Koyte, Through her General Power of Attorney Holder Shri. Shrikant Dadaappa Koyte, R/o. Niwara Housing Society, Kopargaon, Tq. Kopargaon, Dist. Ahmednagar. ....Petitioner. Versus 1. Mrs. Rajni Sudhakar Gujrathi, 2. Shri. Krushanakant Shankarrao Kudale, Both R/o. Kopargaon, Tq. Kopargaon, Dist. Ahmednagar. 3. Popatrao Arjunrao Avhad, R/o. Murshatpur, Tq. Kopargaon, Dist. Ahmednagar. ....Respondents. Shri. A.M. Nagargoje Advocate h/f. Shri. V.S.Bedre, Advocate for petitioner. CORAM : B.R. GAVAI, J. DATE : 15TH JUNE, 2009 PER COURT : 1. By way of present petition, the petitioner challenges the order dated 18th June 2008 vide which the application filed by the present petitioner for appointment of T.I.L.R. as Court Commissioner has been rejected. 2 2. The respondent has filed a suit for removal of the alleged encroachment by the petitioner. On being noticed, the petitioner appeared and has filed an application for appointment of T.I.L.R. as Court Commissioner. The same came to be rejected. 3. The learned counsel for the petitioner submits that the trial Court has grossly erred in rejecting the application for appointment of T.I.L.R. as Court Commissioner which is necessary. 4. The learned trial Court has given sound and cogent reasons for rejecting the application filed by the present petitioner. It has been found that the surveyor who has been examined on behalf of the plaintiff was cross­examined thoroughly by the defendant, so also there are various maps on record which led the learned Judge to come to the conclusion. 5. In that view of the matter, no perversity could be found in the approach adopted by the learned trial Court so as to warrant interference in the extraordinary jurisdiction of this Court under Article 227 of the Constitution of India. Hence, the writ petition is dismissed. [ B.R. GAVAI, J. ] ssc/wp664.09