P. C. :- By way of present petition, the petitioners challenge the order dated 23rd Feb., 2007 vide which the application filed by the petitioner for appointment of Commissioner came to be rejected.

2. The plaintiffs have filed the suit for permanent injunction restraining the defendants from interfering with their possession in Sr. No. 213 and from obstructing them from using the way between Sr. No. 212 and 213. In the said suit on an earlier occasion also, an application for appointment of Court Commissioner came to be filed and the same was rejected. Thereafter, after the closure of evidence of the plaintiff and after the thirteen witness were examined, the present application came to be filed. The same is rejected hence the present petition.

3. Shri Chandak, learned counsel appearing on behalf of the petitioners submit that the only dispute is regarding the existence of the road. He submits that since there is a dispute regarding the map, it is incumbent upon the Trial Court to appoint Court Commissioner.

4. He refers to the observation of the learned Single Judge in the case of Ramchandra Bhikaji Jagtap vs. Dudharam Langruji Padvekar dead through L.Rs Bulkabai Padvekar an