1 WP 5150/10 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5150 OF 2010 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. N.J. Patil for the petitioner. CORAM : D.G. KARNIK, J. DATE : 13TH JULY 2010 P.C. : 1. Heard learned counsel for the petitioner. 2. The petitioner challenges the order dated 15 April 2010 passed by the learned Civil Judge, Junior Division, rejecting the petitioner’s application for appointment of a Court Commissioner. 3. The petitioner filed a suit for declaration of ownership of the suit land and for injunction restraining the defendant from dispossessing 2 WP 5150/10 him. The property has been described in para 1 of the plaint. The defendant has denied that the plaintiff is the owner of the property. In such circumstances, the plaintiff would be required to prove the ownership of the suit property and what the plaintiff wants to do by appointment of a Court Commissioner is to collect evidemce. This cannot be done. There is no merit in the writ petition which is hereby rejected. (D.G. KARNIK, J.)