1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Writ Petition No.7421 of 2007. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ 1. Heard. 2. The trial Court allowed application for appointment of Court Commissioner in suit (RCS No.511/2001). 3. The plaintiff/Respondent filed application seeking appointment of Court Commissioner in order to specify measurement of the room which is beneath the stair-case situated in between Municipal House Property No.154 and 155/2B. In his application he made it clear that he desire appointment of Commissioner in order to locate the boundary of the property claimed by the petitioners and to alleviate some misconception in their mind. The petitioners who are original defendant Nos.1 to 6 objected the application, whereas the other defendants did not. The application is allowed by the learned trial Judge. 4. Considering the rival submissions and the nature of impugned order, it is amply clear that the appointment of the Court Commissioner is not likely to prejudice the defence of the petitioners. The impugned order does not suffer from perversity or arbitrariness. The appointment of Court Commissioner U/o XXVI Rule 5/9 of the C.P.C. is within discretion of the trial Court. The discretion is judicially used by the trial Court and, therefore, the petition is destitute of substance. Dismissed. (V.R.KINGAONKAR,J.) Dt.29.06.2009. asp/office/wp7421.07