Here I am given some citation on this point. Court commissioner can not be appointed to collect evidence, but if there is boundry dispute then Court may appoint commissioner.
Court Commissioner ---- Cannot be appointed to collect evidence. Sanjay Namdeo Khandare Vs. Sahebrao Kachru Khandare. 2001(1) All MR 653, 2001(2) Mh.L.J. 959, 2001(1) Bom.C.R. 800.
O. 26, R. 10 (a) --- Appointment of Court Commissioner --- Commissioner can be appointed only if there is any ambiguity in evidence produced before Court --- Commissioner cannot be appointed to collect evidence in support of a claim made by one party. After completion of evidence on both the sides, if it is found that there is any ambiguity in evidence adduced by the parties, then the Court may appoint a Commissioner for the purpose of clarification of such an ambiguity. Renuka Vs. Tammanna. 2007 (6) All MR ( Journal ) 29.
O. 26, R. 9 --- Encroachment --- Correct approach for ascertaining the area of actual possession --- Held, it is necessary that both the lands should be measured, exact dividing boundary line should be located and it can be found out whether the party, against whom encroachment is alleged, has excess land in possession. AIR 1995 Madras 274 and AIR 1999 Madras 390 - Ref. to Para 8. Mahohar Mahadeoral Pagrut Vs. Sunanda Ramdas Tharkar. 2008 (4) All MR 718, 2008(3) AIR Bom R 337, 2008 Bom. C. R. 4.
If property of opponent is adjoining to your property then above citation will apply other wise as per the below citation
Injunction can not be granted against true owner & in favour of trespasser or person in unlawful possession ---- Agricultural land gifted by father to elder daughter --- on her marriage younger daughter coming into permissive possession of land as agent of her elder sister --- No adverse possession claimed --- Stipulation in father's will in derogation of elder sister's ownership void --- younger sister not entitled to injunction against elder sister or alliance --- Transfer of Property Act Sec. 10. 2005(2) All M.R. 157.
Ask if any quary.