IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6719 OF 2007 WRIT PETITION NO. 6719 OF 2007 WRIT PETITION NO. 6719 OF 2007 1. Pandhrinath J. Vyavare & ors. ] .. Petitioners Versus Ramchandra Apparao Vyavare ] .. Respondent Mr. A.A. Joshi for the petitioners. CORAM: S.B. MHASE, J. DATED: 08TH JANUARY, 2008 P.C. : 1. Heard. 2. The order below Exhibit-26 from the File of the IIIrd Joint Civil Judge, Junior Division, Pandharpur, dated 16th August, 2007,is under challenge. It is an application under Order XXVI Rule 9. The Commissioner is sought to be appointed in order to show that the lands bearing Gut Nos.178 and 179 are at different levels and that there are old boundary marks. However, the fact of possession has to be proved by the parties. The plaintiff may prove his possession over the land so also the defendant may prove his possession over the land and over the disputed portion. For : 2 : collecting evidence in respect of the possession, Commissioner cannot be appointed. No interference is called for. Writ Petition is rejected. Sd/- [S.B. MHASE, J.] [S.B. MHASE, J.] [S.B. MHASE, J.]