1. Rule. Rule is made returnable forthwith. Heard finally, at the stage of admission itself, by consent of Mr. Patil, learned counsel for the Petitioners, and Mr. Yadav, learned counsel for the Respondents.

2. By this Writ Petition, filed under Article 227 of the Constitution of India, the Petitioners are challenging the order dated 28th November 2017 passed by the 6th Joint Civil Judge, Junior Division, Karad, below “Exhibit-39” in Regular Civil Suit No.311 of 2017.

3. The application at “Exhibit-39” was filed by the Respondents-Plaintiffs for appointment of T.I.L.R. as a 'Court Commissioner', to bring on record the factual position, like the existence of house, bio-gas, toilet, open space, agricultural land, two water chambers, pipeline, trees of Mango and Coconut etc. This application was opposed by the Petitioners herein contending that, Respondents are trying to collect evidence by appointment of 'Court Commissioner' and the suit land is already measured by T.I.L.R. himself.

4. The Trial Court, after hearing learned counsel for both the parties, was pleased to hold that, the appointment of T.I.L.R. to measure the property would help it to determine the real controversy between the parties and it is necessary to elucidate the real dispute. Therefore, the appointment of T.I.L.R. as 'Court Commissioner' is necessary to measure the suit property. Accordingly, the Trial Court allowed the said application and also directed the T.I.L.R. not only to measure the properties bearing Gat Nos.34 and 197, but also to inspect and mention in his report the existence or otherwise of house, bio-gas, toilet, open space, agricultural land, two water chambers, pipeline, trees of Mango and Coconut etc.

5. Being aggrieved by this order, the submission of learned counsel for the Petitioners is that, the impugned order passed by the Trial Court is against the express legal position laid down by this Court in number of its Judgments that, appointment of 'Court Commissioner' cannot be made for collection of evidence. Here in the case, it is submitted that, the Respondents are expressly doing so and hence, the impugned order passed by the Trial Court needs to be quashed and set aside.

6. Per contra, learned counsel for the Respondents has supported the said order for the reasons stated therein and also on the count that, in order to decide the real controversy between the parties, the appointment of the 'Court Commissioner' is utmost necessary to bring on record the existing situation.

7. The facts of this case reveal that, Respondents herein have filed a Suit simplicitor for injunction stating that, they are in peaceful possession of the suit land and the Petitioners-Defendants be restrained from causing obstruction to their possession in the suit property. In paragraph No.1 of the plaint, Respondents have described, in detail, the suit property, which is an area admeasuring 15 R, on the Eastern side of the land bearing Gat No.34 and in the said land, it is stated that, they are having their house property, constructed in bricks and stones with tin sheets as a roof; then, one more house property of tin-sheets, the cattle shed, the bio-gas, the toilet, the open space, the agricultural land, two water chambers, pipeline, trees of Mango and Coconut etc. They have further stated in the plaint that, the Petitioners herein have got their land bearing Gat No.197 measured and on the basis of the same, they are causing obstruction to the Respondents' possession in the suit land.

8. Along with the Suit, Respondents have also filed an application for interim injunction at “Exhibit-5”. That application is yet to be decided and at this stage, this application at “Exhibit-39” is filed by the Respondents for appointment of T.I.L.R. as 'Court Commissioner', in order to bring on record existence of their house, bio-gas, toilet, open space, agricultural land, two water chambers, pipeline, trees of Mango and Coconut etc. A specific prayer is made in the said appli