1 wp744.11 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 744 OF 2011 WITH CIVIL APPLICATION NO. 1159 OF 2011 _____________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court’s or Judge’s orders orders or | directions and | Registrar's orders | _____________________________________________________________________ Mr. R.R. Mantri, Advocate for the petitioner-applicant. 1. Civil Application filed by the applicant for permitting him to add the additional documents is allowed. 2. Petitioner-plaintiff's application under Order 26 Rule 9 of the Civil Procedure Code has been rejected. Trial Court has found that earlier such appointment was already granted and in a suit of 1998, the petitioner- plaintiff was not prosecuting the matter diligently. 3. Learned Counsel for petitioner contends that earlier application filed was prior to receipt of counter claim and Commissioner then appointed was not expected to look into other aspects. Hearing of suit filed by the petitioner is going on and no prejudice will be caused to other side if 2 wp744.11 the Commissioner is appointed at this stage. 4. All the relevant aspects are looked into by the trial Court. Impugned order does not show any jurisdictional error or perversity. 5. After the parties complete evidence, if the trial Court finds any ambiguity on the record, the trial Court can exercise its power in this regard. Hence, I am not inclined to interfere in the matter. The Petition is rejected. (B.P. DHARMADHIKARI) JUDGE. 01.02.2011 gas/wp744.11