Lsp IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT PETITION NO. 2414 of 2009 Messrs Khanchandani Enterprises ...Petitioner v/s. Kailash Mahadeo Barne & anr. ...Respondents Mr. S.R.Page for the petitioner. CORAM CORAM CORAM : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. DATED DATED DATED : MARCH 13, 2009 : MARCH 13, 2009 : MARCH 13, 2009 P.C. . Heard Counsel for the Petitioner. 2. No fault can be found with the view taken by the Court below that the factum of possession will have to be established by the party ascertaining the same and cannot be resolved by appointing Court Commissioner. Dismissed. [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.]