1 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.1343/2010. (Hanumant Sopanrao Bhosale (Died) through L.Rs. - Kevalbai Bhosale and Ors. Vs. Vaijnath s/o Gajraji Somwanshi and Another) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.SB Bhapkar, Adv. for petitioners; Mr.RLKute, Adv. for respondents. *** CORAM : K.U.CHANDIWAL ,J. DATE : 25 th October, 2010. ... 1) Heard. 2) In RCS No.21/2010, the plaintiff earlier moved an application (Exhibit-74), seeking appointment of Court Commissioner and T.I.L.R. was appointed. However, subsequently, Exhibit-83 is moved, seeking appointment of an Engineer from Municipal Council as Commissioner to cause measurement as per the property records of the plaintiff and the defendant. Rejection of the same is questioned in the writ. 3) I find that in the pleadings the plaintiff himself asserts, having caused measurement of his plot and that of the defendant. The evidence of encroachment will have to be led by the plaintiff and 2 should not be permitted by virtue of appointing Court Commissioner. Rejection of application (Exhibit-83) does not call for interference. Writ Petition dismissed. No costs. (K.U.CHANDIWAL) JUDGE bdv/