{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 9437 OF 2010 Pandurang Tapiram Patil, age: 49 years, Occ: Agri., R/o Hingane (B), Tq. Jamner, District Jalgaon. Petitioner Versus Devram s/o Kashiram Patil, age: 55 years, Occ: Agri., R/o Chinchkheda, Tq. Jamner, District Jalgaon. Respondent Mr.Balaji S. Shinde, advocate for petitioner Mr.N.N.Desale, advocate holding for Mr.S.P.Tiwari, advocate for respondent CORAM : R.M.BORDE, J. DATE : 30 th November, 2010 PER COURT: 1 An application tendered by petitioner – original defendant seeking appointment of Court Commissioner for local inspection has been turned down by the trial Court in view of the order passed on 01.07.2010. 2 It transpires from record that suit is filed in 2010 and evidence in the matter is yet to be recorded. It also transpires that the Court is yet to frame issues in the suit. The application was {2} moved, obviously, with a purpose to establish the claim before framing of issues and recording of evidence, at the stage of consideration of application for temporary injunction. The trial Court has rightly refused to allow the application. However, at an appropriate stage, parties to the litigation, if deem it essential, may move the Court seeking appointment of Court Commissioner and trial Court may consider such request, after considering relevant circumstances and in accordance with law. It is clarified that the impugned order passed by the trial Court rejecting application for appointment of Court Commissioner would not be an impediment for consideration of such request, if made at an appropriate stage. 3 No interference is called for at this interlocutory stage of the proceedings in exercise of powers under Article 227 of the Constitution. Petition is devoid of substance. 4 Writ Petition, therefore, stands rejected. R.M.BORDE JUDGE adb/wp943710