IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION W.P.No. 5174/2009 Vishnu Bhau Patil PETITIONER VS. Shiroli Co-op.Hsg.Society Through Chairman RESPONDENT Mr.Sandeep Koregave i/b Mr.V.S.Talkute for the petitioner CORAM: MRS.MRIDULA BHATKAR,J. DATE : 6TH AUGUST,2009. P.C. . Heard. 2] This petition is filed against the order dated 20/3/2009 passed by the learned Civil Judge,S.D.,Kolhapur . By this order the learned Civil Judge ,S.D.has rejected the application of the petitioner/original plaintiff under order 26 Rule 9 read with section 75 of the Code of Civil Procedure for appointment of Commissioner. The appointment of Commissioner was sought for the purpose of showing the possession of 7Ares land and for taking measurements of the land. The learned Civil Judge,S.D.has rightly held that considering the claim of the petitioner/original plaintiff of the adverse possession the appointment of the commissioner will lead to the collection of evidence and hence the commissioner should not be appointed. No illegality is found in the impugned order. 3] The learned counsel for the petitioner in support of his submissions relied upon the Judgment of this Court in Kashinath Chindhuji Shastri Vs.Haribhau Nathuji Bawanthade , reported in 2004(2) Mh.L.J.,722. In the said case the dispute was in respect of the encroachment or dimension of the site and the Commissioner was appointed. However, in the present set of facts the petitioner has claimed the adverse possession and he has to prove this fact independently by tendering his evidence. The petition is dismissed . (MRS.MRIDULA BHATKAR,J.)