mp -1- wp9191_10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9191 OF 2010 Bhagirthi Laxman Dombe .. Petitioner Versus Subhash Bhalchandra Nevaskar and others .. Respondents Mr. Ashutosh M. Kulkarni for the Petitioner. CORAM : B.R. GAVAI, J. THURSDAY, JANUARY 20, 2011 P.C. : By way of present petition, the petitioner challenges the order dated 4th October 2010 vide which the application filed by the present petitioner for the appointment of Taluka Inspector of Land Records as Court Commissioner came to be rejected. Shri Kulkarni, the learned Counsel appearing on behalf of the petitioner submits that the learned Trial Court erred in rejecting the application. He submits that for finding out the factual position, the appointment of Court Commissioner was necessary. 2. The jurisdiction under Order 26 Rule 9 is a discretionary jurisdiction. Unless it is found that the discretion exercised by the Trial Court has been exercised in perverse manner, it will not be mp -2- wp9191_10 permissible for this court to interfere with the same. The learned Trial Court has given cogent and sound reasons for rejecting the application. No perversity is noticed in the approach adopted by the learned Trial Court in the impugned order to warrant interference. Hence rejected. (B. R. GAVAI, J)