1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 6459 OF 2009 Manojkumar s/o. Jugalkishor Gilda .. petitioner Versus Uday s/o. Ramchandra Deshpande, ..Respondents. --- Mr. N.B. Ghute, Advocate holding for Mr. S.B. Ghute, Advocate for petitioner. CORAM : B.R. GAVAI,J. DATE : 10th November, 2009. ORAL ORDER :- 1] By way of present petition, the petitioner challenges the order dated 29/6/2009, vide which the application for appointment of court commissioner came to be rejected. 2] Heard Shri Ghute, learned counsel for the petitioner. 3] The petitioner has filed a suit for permanent injunction restraining the defendants from encroaching upon the possession of the petitioner. After summons was issued, the defendant appeared and resisted the suit of the petitioner and also filed a counter claim against the petitioner for perpetual injunction. In this background, the petitioner filed an application 2 for appointment of Taluka Inspector of Land Records as commissioner to fix the boundaries. 4] The learned trial court has observed that a court commissioner can not be appointed so as to enable the parties to collect the evidence in their favour. In that view of the matter, no perversity is noticed so as to warrant interference in the extraordinary jurisdiction under Article 227 of the Constitution of India. Hence, the writ petition is rejected. [B.R. GAVAI,J.] Grt/-