1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGBAD. ---------------------------------------------------------------------------------------------------- Office notes, office Memoranda of | coram, appearance, court’s orders | Court’s or Judge’s orders. or directions and Registrar’s orders | WRIT PETITION NO.6681/2010 ... Madhukar Dattatray Mane V/s Dattatray Ambadas Patil. ...... Shri R.V.Naiknavare,Adv.for Petr. .... CORAM : A.A.SAYED,J. DATE : 06/12/2010. 1] The order dated 28.4.2010 passed by Joint Civil Judge, Junior Division, Osmanabad, whereby the application of the petitioner/orig.plaintiff has been rejected, is subject matter of challenge in this Petition. 2] The application of the petitioner was for appointment of T.I.L.R. as Court Commissioner under Order XXVI Rule 9 of C.P.C. 3] The learned Judge in the impugned order has observed that the Suit is simplicitor for injunction and that the plaintiff would be at liberty to adduce oral 2 evidence to prove his case and has also noted that there is no dispute regarding fixing of boundaries. 4] I do not find any illegality or infirmity in the impugned order to interfere with the same in exercise of extra-ordinary writ jurisdiction of this Court. Petition is therefore dismissed summarily. No order as to costs. 5] It is, however, clarified that in the event the decision in the suit is adverse to the petitioner, the issue involved in the petition can be made a ground of challenge in the Appeal, if filed. (A.A.SAYED,J.) umg/wp6681-10