R.M. SAVANT, J.

1. Rule. With the consent of the Learned Counsel for the parties made returnable forthwith and heard.

2. The short question which arises in the above Petition is whether a Court Commissioner is required to be appointed in the Suit in question.

3. The Petitioner herein is the original Plaintiff who has filed the Suit in question being Regular Civil Suit No. 222 of 2012 for an injunction restraining the Defendant Nos. 1 to 5 from disturbing the Plaintiff's possession and further for restraining the Defendants from cutting the 100 years old trees belonging to the Plaintiffs without permission as also injuncting the Defendant Nos. 1 to 5 from erasing the boundary marks between Gat Nos. 1464 and 1465 which are two lands in contention in the said Suit. The Plaintiff is concerned with land bearing Gat No. 1465 and whereas the Defendants are concerned with land bearing Gat No. 1464. The said lands adjoin to each other in as much as to the south of Gat No. 1465 is the land bearing Gat No. 1464 and therefore the Defendants land bearing Gat No. 1465 is to the North of Gat No. 1464. In the said Suit, an application for temporary injunction came to be filed by the Plai