1 wp-9727-11 mmj IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9727 of 2011 Jagannath Sambhaji Kuber .. Petitioner Versus Jaysing Namdev Dhumal .. Respondent Mr. Ashok Tajane for the Petitioner CORAM : R.M.SAVANT, J. DATE : 23rd NOVEMBER, 2011 P.C. : 1 The order impugned dated 23-11-2009 passed by the Learned Civil Judge, Junior Division, Madha, below Exhibit 23 in Regular Civil Suit No. 308 of 2003, is the one rejecting the application for appointment of the Court Commissioner which has been rejected on the ground that the suit is simplicitor for injunction and towards getting the said relief the Plaintiff has only to prove his possession. The said reasons mentioned by the Trial Court for rejecting the said application cannot be found fault with and therefore, no interference is called for in the Writ jurisdiction of this Court. 2 If the Petitioner applies for amendment of the plaint and is allowed to incorporate the case of encroachment, in that eventuality, the Petitioner would be at liberty to file a fresh application for measurement if so 2 wp-9727-11 advised. If such an application is filed by the Petitioner, the same would be dealt with in accordance with law. 3 With the aforesaid observations, the Writ Petition is rejected. (R.M.SAVANT, J.)