*1* IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7875/2009 Shahaji Rajaram Magar and another. ..Petitioners ­VERSUS­ Bajrang Krishna Pawar. ..Respondent ............... Mr.Surel S. Shah, Advocate for the Petitioner. ............... CORAM: A.P.DESHPANDE, J. Dated 09th November, 2009. PC:­ 1 This petition is filed by the original Defendants calling in question an order passed by the Trial Court dated 29th June, 2009 rejecting an application moved by the Petitioners/Defendants for reappointment of the Commissioner or appointment of the second Commissioner for spot inspection. 2 On the request made by the parties, the Trial Court did appoint the Court Commissioner. The said Commissioner inspected the spot and submitted the report. The Petitioners objected the report and the same is not yet accepted. Thus, the only right to the Petitioners is to call the Commissioner as witness. It would be an unending affair if repeated requests are made for appointment of the Commissioner. The parties are free to prove their case and also free to lead the evidence and establish the facts. Appointment of another commissioner cannot be ordered to resolve the controversy. *2* In the result, there being no merit in the matter, the petition is dismissed. 3 The learned counsel for the Petitioners apprehend that rejection of this petition would come in the way of Petitioners for leading the evidence about actual position of canal. The apprehension is ill­founded. 4 Writ Petition is dismissed. (A.P. Deshpande, J)