1. Rule. Rule made returnable forthwith. Heard by consent.

2. The Petitioner challenges the order dated 7th July, 2009 passed by the learned 8th Joint Civil Judge, Senior Division, Pune below Exhibit 35 in Regular Civil Suit No. 513 of 2007, thereby rejecting the application filed by the present Petitioner for appointment of Court Commissioner.

3. The facts in brief giving rise to the present Petition are as under:

The Petitioner-Plaintiff has filed the Suit, being Regular Civil Suit No.513 of 2007, for declaration and restoration of possession after removing the encroachment of the Respondent-Defendant. The Plaintiff in the plaint has contended that the suit land is owned by the Plaintiff from the period of his ancestors; that the said land has been given City Survey No.1894; that the Plaintiff has constructed two rooms on the said land and the room admeasuring 20 ft. x 10 ft. on the northern side was given to the Respondent-Defendant for residing therein for certain time without any consideration. It is contended that though the Defendant had assured the Plaintiff that after making alternate arrangement he will return the said room, he was refusing to do so for last