1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 10181 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. WRIT PETITION NO.: 10181 OF 2010 *** 1. Heard Advocate Veer for petitioner, Advocate Mr. A. S. Lomte for Respondent. 2. Second application for appointment of Commissioner, moved by Respondent/ plaintiff has been allowed by trial Court to bring on record the factual position in relation to suit property. Suit filed is for permanent injunction on the basis of possession. The prayer is to restrain petitioner/ defendant from interfering with his possession. 3. Trial Court has allowed the application. 4. As yet, parties have not led any evidence. Learned counsel for the petitioner has contended that it is nothing but collection of evidence. Learned counsel for Respondent is justifying the appointment of commissioner. 5. However, at this stage, I am not inclined to go into merits of the 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 10181 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. controversy. The parties can enter witness box and lead evidence and if thereafter the trial Court finds that there is any confusion or ambiguity, it can re-consider the appointment of commissioner at the request of parties for that purpose. 6. With above liberty and the observations, this writ petition is partly allowed. Impugned order dated 4th September, 2010 passed below Exhibit-76 is set aside. [B.P.DHARMADHIKARI, J.] Dated:17/01/2011. ans/10181