1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.9839 OF 2010 Chaurbhuj s/o Shamrao Dure & ors. ... PETITIONERS VERSUS Gunvant s/o Narhari Dure & ors. ... RESPONDENTS ..... Shri C.R. Deshpande, Advocate for the petitioners ..... CORAM : R.M. BORDE, J. DATE : 18th October, 2010 PER COURT : 1. An application tendered by the petitioners, seeking appointment of Court Commissioner has been rejected by the trial Court in view of the order passed below Exh. 44 in Regular Civil Suit No.472/2009. The petitioners (original plaintiffs) have presented the suit claiming a decree of perpetual injunction in respect of the suit property. It is informed that the recording of evidence in the matter is yet to commence. The plaintiffs may tender oral as well as documentary evidence before the Court, and the defendants shall have liberty to cross-examine the plaintiffs and also shall have liberty to tender their evidence. After tendering of evidence by the plaintiffs, if they make out a case for appointment of Court Commissioner, they may tender an application and make a suitable request to the Court. The Court may consider such a request, if made at an appropriate 2 stage, and decide the application in accordance with the provisions of law. The rejection of the earlier application by the trial Court shall not be an impediment in considering such application, if tendered at an appropriate stage. With these directions, the petition is disposed of. R.M. BORDE JUDGE fmp/wp9839.10