MP - -1- WP10177_10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10177 OF 2010 M/s. Mahavir Builders .. Petitioner Versus M/s. F. K. Constructions and others .. Respondents Mr. Mahendra Agawekar i/b. Mr. Mandar Limaye for the Petitioner. CORAM : B.R. GAVAI, J. MARCH 04, 2011 P. C. : By way of present petition, the petitioner challenges the order dated 19th August 2010 vide which the application filed by the present petitioner for appointment of Court Commissioner came to be rejected. 2. The learned Counsel for the petitioner submits that for ascertaining the factual aspects, the appointment of Court Commissioner was necessary, and as such, the learned Trial Court erred in rejecting the application. 3. The learned Trial Court has found that after the evidence of the plaintiff and defendant was over and the matter was fixed for arguments, the present application was filed at belated stage for collecting the evidence. It has further been found that the suit was only for specific performance, and as such, even if the Court Commissioner was appointed, his report would not be relevant for adjudication of the suit. No perversity is noticed in the approach adopted by the learned Trial Court to warrant interference. Hence rejected. (B. R. GAVAI, J)