wp2494.11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.2494 OF 2011 Sou. Sumanbai W/o Wamanrao Patil, R/o-Baspur, Tq-Nilanga, Dist-Latur, Through her power of Attorney: Shri. Wamanrao S/o Yashwantrao Patil, R/o-Baspur, Tq-Nilanga, Dist-Latur. ...PETITIONER. VERSUS 1) Vasant S/o Shripati Kumthe, R/o-Baspur, Tq-Nilanga, Dist-Latur, and others. ...RESPONDENTS. ... Shri.S.S. Choudhari Advocate for Petitioner. Shri.R.V. Gore Advocate for Respondents. ... CORAM: NARESH H. PATIL, J. DATE : 2ND DECEMBER, 2011. PER COURT : 1. Heard learned counsel for the parties. wp2494.11 2 2. The Petitioner - plaintiff filed suit for perpetual injunction being Regular Civil Suit No. 152 of 2008. The Petitioner - plaintiff filed application for appointment of Court Commissioner, which came to be rejected by the trial Court by order dated 16th December, 2010. The said order is impugned herein. 3. Shri. Choudhari, learned counsel for the Petitioner submits that in the facts of the case, appointment of Court Commissioner is necessary at this stage. 4. Shri. Gore, learned counsel for Respondents supported the order passed by the trial Court and submitted that appointment of Court Commissioner, at this stage, would amount to collection of evidence. 5. Without addressing the issues on merits, I observe that the plaintiff would be entitled to wp2494.11 3 lead oral evidence and an appropriate stage, she is entitled to file application for appointment of Court Commissioner. In case the trial Court is convinced and satisfied that appointment of Court Commissioner is necessary, the trial Court would deal with the issue in accordance with law. With these observations, the Writ Petition is disposed of. [NARESH H. PATIL, J.] asb/DEC11